Perfect 10, Inc. v. Google, Inc.
| PERFECT 10, INC. |
| GOOGLE, INC., a corporation |
| PICTURE ARCHIVE COUNCIL OF AMERICA, INC., AMERICAN SOCIETY OF MEDIA PHOTOGRAPHERS, INC., GRAPHIC ARTISTS GUILD, AMERICAN SOCIETY OF PICTURE PROFESSIONALS, PROFESSIONAL ASSOCIATION FOR DESIGN, NEWSPAPER ASSOCIATION OF AMERICA and CHILLING EFFECTS CLEARINGHOUSE LEADERS |
| 10-56316 |
| August 24, 2010 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
Docket Report
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| Document Text |
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| Filing 66 The petition for writ of certiorari was denied on 03/05/2012. Supreme Court number 11-704. (Panel: AK, MDH and SSI). [8104350] (RR) |
| Filing 65 Filed clerk order (Deputy Clerk: GSS): Appellee Google, Inc.’s bill of costs is granted in part. Cost shall be taxed against appellant Perfect 10 in the amount of $1,517.60. Appellee Google, Inc.’s request for additional costs for the DVD and hard drive duplication is denied. Appellee Google, Inc. is reminded that Ninth Circuit Rule 30-1.4(x) applies to written exhibits and not to electronic exhibits. See 9th Cir. R. 30-1.4(x) and 9th Cir. R. 39-1.2. A copy of this order shall serve to amend the court’s prior mandate. [7907109] (AF) |
| Filing 64 MANDATE ISSUED.(AK, MDH and SSI) [7901395] (RR) |
| Filing 63 Filed order (ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA): The Petition for Rehearing and the Petition for Rehearing En Banc are DENIED. [7887854] (AF) |
| Filing 62 Filed (ECF) Appellant Perfect 10, Inc. petition for panel rehearing and petition for rehearing en banc (from 08/03/2011 opinion). Date of service: 08/17/2011. [7861468] (JNM) |
| Filing 61 COURT DELETED INCORRECT/DUPLICATE ENTRY. Correct Entry: [62]. Original Text: Filed (ECF) Appellant Perfect 10, Inc. petition for panel rehearing and petition for rehearing en banc (from 08/03/2011 opinion). Date of service: 08/17/2011. [7861391] (JNM) |
| Filing 60 Filed (ECF) Appellee Google, Inc. bill of costs (Form 10) in the amount of $4,997.60 USD. Date of service: 08/16/2011 [7859709] --[COURT UPDATE: Re-ordered documents. Resent NDA. 08/16/2011 by DB] (COURT UPDATE: To attach additional costs - as requested by court; resent NDA)--[Edited 09/21/2011 by HH] (BRL) |
Filing 59
FILED OPINION (ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA) AFFIRMED. Judge: SSI Authoring. FILED AND ENTERED JUDGMENT. [7841754] (RP)
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| Filing 58 Filed order (ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA)Google’s motion to strike portions of Perfect 10’s excerpts of record, and its motion to strike Perfect 10’s Further Excerpts of Record, are denied as moot. DENIED. [7841751] (RP) |
| Filing 57 ARGUED AND SUBMITTED TO ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA. [7712854] (BY) |
| Filing 56 Added attorney Andrew H. Schapiro for Google, Inc., in case 10-56316. [7682767] (EL) |
| Filing 55 Filed (ECF) notice of appearance of Andrew H. Schapiro for Appellee Google, Inc.. Date of service: 03/16/2011. [7682646] (AHS) |
| Filing 54 Revised...Notice of Oral Argument on APRIL Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [7675819] (CL) |
| Filing 53 Filed clerk order (Deputy Clerk:AF): The Court withdraws its order filed on February 17, 2011, which set oral argument in this matter for Monday, April 11, 2011, in Pasadena, California. The Court will hear oral argument on Monday, April 11, 2011, at 2:00 p.m., in Courtroom One of the James R. Browning U.S. Courthouse in San Francisco, California. Each side will be allotted twenty (20) minutes to present its arguments. [7675135] (WL) |
| Filing 52 Filed clerk order (Deputy Clerk:AF): Due to the death of Judge Hall, Chief Judge Kozinski has been drawn to replace her on the panel. [7673635] (AF) |
| Filing 51 Filed (ECF) Appellee Google, Inc. reply to response (, ,motion to strike portion or whole of document, ). Date of service: 03/04/2011. [7669707] (MMC) |
| Filing 50 Filed (ECF) Appellant Perfect 10, Inc. response opposing motion (,motion to strike portion or whole of document). Date of service: 02/25/2011. [7661112] (JNM) |
| Filing 49 UPDATED CASE CALENDARED: 04/11/2011 2:00 PM Pasadena, CA Courtroom 2 [7654017] (CL) |
| Filing 48 Filed clerk order (Deputy Clerk:AF): The Court will hear oral argument on Monday, April 11, 2011, at 2:00 p.m., in Courtroom 2 of the Richard H. Chambers U.S. Court of Appeals Building in Pasadena, CA. Each side will be allotted twenty (20) minutes to present its arguments. [7653428] (AF) |
| Filing 47 Filed (ECF) Appellee Google, Inc. Motion to strike whole of the Further Excerpts of the Record submitted by Plaintiff-Appellant Perfect 10, Inc.. Date of service: 02/16/2011. [7651835] (MMC) |
| Filing 46 Materials sent to previous panel. [7640816] (PB) |
| Filing 45 Filed clerk order (Deputy Clerk:AF): The previous panel has retained jurisdiction of this appeal. [7640758] (AF) |
| Filing 44 Filed clerk order (Deputy Clerk:AW): This is a preliminary injunction appeal. Appellee’s motion to strike portions of appellant’s excerpts of record is referred to the panel that will hear the merits of this appeal for whatever consideration the panel deems appropriate. Briefing is completed. [7634637] (WL) |
| Filing 43 Received 7 paper copies of Reply brief [38] filed by Perfect 10, Inc.. [7626784] (SD) |
| Filing 39 Filed clerk order: The reply brief [38] submitted by Perfect 10, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7620396] (WP) |
| Filing 42 Filed ( UNDER SEAL ) original and 8 copies of Appellant Perfect 10, Inc. (Informal: No) reply brief of 44 pages. Served on 01/19/2011. [7621104] (WP) |
| Filing 41 Received notifcation of filing UNDR SEAL of appellant Perfect 10's reply brief and further excerpts of record. [7620473] (WP) |
| Filing 40 Filed UNDER SEAL Appellant Perfect 10, Inc. excerpts of record in 1 volume. Served on 01/19/2011. [7620435] (WP) |
| Filing 38 Submitted (ECF) Reply brief for review. Submitted by Appellant Perfect 10, Inc.. Date of service: 01/19/2011. [7618245] (JNM) |
| Filing 37 Filed (ECF) Appellee Google, Inc. reply to response (, ,motion to strike portion or whole of document). Date of service: 12/28/2010. [7594607] (MMC) |
| Filing 36 Received 7 paper copies of Amicus brief [32] filed by Chilling Effects Clearinghouse Leaders. [7594162] (SD) |
| Filing 35 Filed UNDER SEAL Appellant Perfect 10, Inc's opposition to motion to strike. Served on 12/23/2010 [7591237] (EL) |
| Filing 34 Filed clerk order: The amicus brief [32] submitted by Chilling Effects Clearinghouse Leaders is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7590582] (WP) |
| Filing 33 Entered appearance of Amicus Curiae Chilling Effects Clearinghouse Leaders. [7590579] (WP) |
| Filing 32 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chilling Effects Clearinghouse Leaders. Date of service: 12/21/2010. [7588990] (JG) |
| Filing 31 Filed (ECF) Appellant Perfect 10, Inc. response opposing motion (,motion to strike portion or whole of document). Date of service: 12/21/2010. [7588942] (JNM) |
| Filing 30 Received 7 paper copies of Answering brief [25] filed by Google, Inc.. [7587817] (SD) |
| Filing 29 Filed order MEDIATION (CLR): This case is released from the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk’s office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. [7586754] (AF) |
| Filing 26 Filed clerk order: The answering brief [25] submitted by Google, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7580924] (WP) |
| Filing 28 Filed ( UNDER SEAL ) original and 7 copies of Appellee Google, Inc. answering brief of 65 pages. Served on. [7583998] (WP) |
| Filing 27 Filed Appellee Google, Inc. excerpts of record in 11 volumes. Volumes 2-10 filed UNDER SEAL. Served on 12/14/2010. [7580931] (WP) |
| Filing 25 Submitted (ECF) Answering brief for review. Submitted by Appellee Google, Inc.. Date of service: 12/14/2010. [7580889] (MMC) |
| Filing 24 Filed (ECF) Appellee Google, Inc. Motion to strike portion of Appellant Perfect 10, Inc.'s Excerpts of the Record and references thereto within Appellant's Opening Brief.. Date of service: 12/14/2010. [7580842] (MMC) |
| Filing 23 Filed order MEDIATION (CLR): A settlement conference will be held by telephone on November 11, 2010, at 3:30 p.m. The Circuit Mediator will initiate the call. The conference shall be attended by the lead attorney on each side and one or more client representatives for each side. Each client representative shall have full authority to negotiate and settle the case or shall have additional authority available by phone. Participants should be prepared to spend up to two hours in meaningful discussions about the dispute, including their interests and goals, the obstacles to settlement, the potential adverse consequences of the case not settling, and possible potential solutions to the dispute that might be acceptable to both sides. [7537335] (AF) |
| Filing 22 Deleted Incorrect Docket Entry (AF) |
| Filing 21 Received 7 paper copies of Amicus brief [17] filed by ASMP, American Society of Picture Professionals, Graphic Artists Guild and Newspaper Association of America. [7536958] (SD) |
| Filing 20 Filed clerk order: The amicus brief [17] submitted by ASMP, American Society of Picture Professionals, Graphic Artists Guild and Newspaper Association of America is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7526656] (WP) |
| Filing 19 Entered appearance of Amicus Curiaes PACA, ASMP, Graphic Artists Guild, American Society of Picture Professionals, Professional Association for design and Newspaper Association of America. [7526618] (WP) |
| Filing 18 Received letter from CMG Worldwide, Inc. dated 10/25/2010 re: CMG submits this letter to formally join argument XII of the brief as applied to the factual allegations as stated in Perfect 10's opening brief. [7524932] (EL) |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Picture Archive Council of America, Inc.; American Society of Media Photographers, Inc.; Graphic Artists Guild; American Society of Picture Professionals; AIGA, the professional association for design; and the Newspaper Association of America. Date of service: 10/26/2010. [7523370] (MK) |
| Filing 16 Received 7 paper copies of Opening brief [11] filed by Perfect 10, Inc.. [7521674] (SD) |
| Filing 13 Deleted Incorrect Docket Entry. (WP) |
| Filing 12 Filed clerk order: The opening brief [11] submitted by Perfect 10, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7515604] (WP) |
| Filing 15 Filed ( UNDER SEAL ) original and 7 copies of Appellant Perfect 10, Inc. (Informal: No) opening brief of 84 pages. Served on 10/18/2010. [7515734] (WP) |
| Filing 14 Filed UNDER SEAL Appellant Perfect 10, Inc. excerpts of record in 10 volumes. Served on 10/18/2010. [7515610] (WP) |
| Filing 11 Submitted (ECF) Opening brief for review. Submitted by Appellant Perfect 10, Inc.. Date of service: 10/19/2010. [7513699]--[Edited 10/20/2010 by HH] (JNM) |
| Filing 10 Filed order MEDIATION (CLR): The court acknowledges receipt of appellant Perfect 10’s fax letter dated and filed October 13, 2010. Counsel’s letter is construed to be an unopposed motion for permission to file an oversize opening brief of no more than 16,750 words. So construed, the motion is granted. The briefing schedule previously established by the court remains in effect. In the event appellee requires an oversize brief, appellee shall make a separate request. This case remains in the Mediation Program for purposes of case management. As such, all procedural requests or motions shall be directed to the undersigned. [7508832] (AF) |
| Filing 9 Received Appellant Perfect 10, Inc. letter dated 10/13/2010 re: Perfect 10 requests, and Google consents, that you issue an order increasing the number of words that Perfect 10 may have it its opening brief by 2,750 words. [7507448] (HH) |
| Filing 8 Filed order MEDIATION (CLR): The order entered by this court on September 15, 2010 is vacated. The following briefing schedule shall control this appeal: appellant shall file the opening brief and excerpts of record on or before October 19, 2010; appellee shall file an answering brief on or before December 14, 2010, or 56 days after service of the opening brief, whichever is earlier; appellant may file an optional reply brief within 37 days of service of Google’s answering brief. This case remains in the Mediation Program for purposes of case management. As such, all requests for extensions of time shall be addressed to the undersigned. [7496028] (AF) |
| Filing 7 Filed order MEDIATION (CLR): The briefing schedule previously set by the court is reset as follows: appellant shall file the opening brief and excerpts of record on or before October 19, 2010; appellee shall file an answering brief on or before December 14, 2010 or 56 days after service of the answering brief; appellant may file an optional reply brief on or before January 20, 2011. [7474877] (AF) |
| Filing 6 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on September 29, 2010, at 10:00 a.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. [7463217] (AF) |
| Filing 5 Filed clerk order (Deputy Clerk:AW): The appeal filed August 24, 2010 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Pursuant to the notice received from appellant on August 31, 2010, it appears that the parties have made the required arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than September 21, 2010; the answering brief is due October 19, 2010 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [7460046] (AF) |
| Filing 4 Received Appellant Perfect 10, Inc. notice regarding all trasncripts of district court proceedings required for appeal have already been prepared. [7458562] (EL) |
| Filing 3 Filed (ECF) Appellant Perfect 10, Inc. Mediation Questionnaire. Date of service: 08/30/2010. [7457297] (JNM) |
| Filing 2 Filed representation notice of. Jeffrey N. Mausner for Appellant. Served on 08/24/2010. [7449522] (BG) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Referred to MOATT pursuant to FRAP 3-3. (PRELIMINARY INJUNCTION APPEAL) [7449489] (BG) |
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