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Decisions We Won
Summary Judgment in Software Copyright Case Finding the Unauthorized
Distribution of Copyrighted Software and Rejecting the Distributor's First
An Order from the United States District Court for the Southern District of Florida
granting our client's motion for summary judgment finding the defendant software reseller engaged in the unauthorized distribution of software under the Copyright Act and rejecting the reseller's first sale defense based in part on the expert testimony of our client's expert, Ray Nimmer.
Software Arbitration
The
decision we won in U.S. District Court for the Northern District of
Illinois dismissing a case brought against our client, Global Trade
Technologies. The case was filed to seek a stay of an arbitration of a
dispute related to the development of software systems for financial
institutions.
Bankruptcy Court Order Approving Complex Settlement
An
Order of the U.S. Bankruptcy Court for the District of Maryland
approving a settlement of complex litigation involving copyright law,
bankruptcy law, and insurance law for our client, Stenograph L.L.C. Our
client made a substantial recovery for copyright infringement even
though the infringer went bankrupt.
Jury Verdict Upheld On Appeal In Software Copyright Infringement Case
The
U.S. Court of Appeals for the District of Columbia affirmed a jury
verdict of $3.2 million for copyright infringement and trade secret
misappropriation against a local court reporting firm. The case is a
leading case in a number of treatises and law review articles for the
elements of copying in a computer software copyright infringement case,
including 2 Nimmer on Copyrights 8.08; M. Madison, Legal-Ware: Contract
and Copyright in the Digital Age, 67 Fordham L. Rev. 1025 (1998).
Sanctions Award
The
decision by U.S. District Judge Norma Holloway Johnson imposing
sanctions on our opposing counsel for filing a frivolous motion for
sanctions. This decision came in the case in which we won a $3.2
million jury verdict for Stenograph L.L.C. for the unlawful use of its
copyrighted computer software and other trade secrets.
FCC Order Denying Competing Application for Cellular System License
A
decision of the Federal Communications Commission (FCC) granting a
petition to deny against a lottery winning application to build a new
cellular system. This is one of two such petitions which our firm filed
and the FCC granted.
Order Granting Summary Judgment for Copyright Infringement
The
decision of the U.S. District Court for the Eastern District of
Pennsylvania granting a summary judgment motion we filed for our
client, Stenograph L.L.C. In a case we brought for Stenograph, L.L.C.
for damages for copyright infringement and conversion.
Order Finding Contract In Violation of FCC Rules to Be Unenforceable
This
is a decision of the D.C. Superior Court which we won for our client,
Algreg Cellular Engineering, finding that a contract in violation of
the FCC's rules is unenforceable.
NextWave Litigation
Our
firm served as part of a team of law firms and consultants involved in
this multibillion dollar case in which NextWave successfully challenged
the FCC's attempted cancellation of NextWave's valuable nationwide
group of PCS licenses. The U.S. Supreme Court's Opinion, in which
NextWave prevailed, is at the above link.
FCC Order Designating A Hearing Into Charges of Misconduct By A Group Broadcaster
The
Federal Communications Commission ordered a hearing into allegations of
misconduct by a radio station group based upon filings we made for our
client, Niles Broadcasting, Inc. The Federal Communications Commission
had not ordered a hearing of this type for many years prior to issuance
of this decision.
FCC Order Granting Waiver of Auction Rules
A
decision of the Federal Communications Commission which we won for our
client, Ramona Lee-Hayes Bell. The FCC initially dismissed Ms. Bell's
application to bid in an auction for a new radio station. As the result
of our efforts, the FCC reversed its original decision and allowed Ms.
Bell to bid in the auction. In the decision at the link, the FCC
affirms its decision to allow Ms. Bell to bid. Ms. Bell went on to win
the auction.
Court of Appeals Decision Enforcing Requirement That The FCC Give Notice of Its Rule Interpretations
A
U.S. Court of Appeals for the D.C. Circuit decision overturning a
Federal Communications Commission's decision to strip the owner of a
national group of television stations of its license for a television
station in Miami. We filed an amicus brief in support of the
broadcaster on behalf of a Senator and Congressman. This decision
established the principle that the FCC must give fair notice of its
interpretation of its rules before it can punish a licensee for
violating those rules.
Urban Broadcasting
A
Federal Communications Commission's decision granting unprecedented
relief to our client, Urban Broadcasting Corp. After considering our
filings, the FCC ordered Silver King, the group owner of Home Shopping
Network stations, to reform certain provisions of its contracts with
Urban Broadcasting.
Order Granting Summary Judgment Against Contractual and Equitable Claims Based on FCC Rule Violations
The
decision of D.C. Superior Court Judge Cheryl M. Long finding that a
host of contractual and equitable claims failed as a matter of law
because each of the claims alleged conduct that the FCC had found to be
in violation of its rules. This decision upheld our client's claim of
100% ownership of a valuable cellular telephone system in Alabama
subsequently acquired by Verizon Wireless.
Judgment and Permanent Injunction Won Under the Digital Millenium Copyright Act of 1998
A
judgment and permanent injunction under the Digital Millenium Copyright
Act of 1998 we won for our client, Stenograph L.L.C., against a company
and its owner who were importing and selling a device designed to
circumvent technological measures that control access to Stenograph's
copyrighted software. We also obtained relief based upon the
defendants' violations of the Copyright Act and the Arizona Trade
Secrets Act through their unauthorized purchase, sale, transfer and
distribution of Stenograph's copyrighted software and software protect
devices.