Perfect 10, Inc. v. Google, Inc. Featured Case

Defendant-counter-claimant - Appellee,: GOOGLE, INC., a corporation
Plaintiff-counter-defendant - Appellant,: PERFECT 10, INC.
Amicus Curiae,: 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
 
Case Number: 10-56316
Filed: August 24, 2010
 
Court: U.S. Court of Appeals, Ninth Circuit
 
Nature of Suit: Copyright

Opinions

We have the following opinions for this case:
Date FiledDescription
August 3, 2011 Summary Perfect 10, Inc. v. Google, Inc.

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
March 14, 2012 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)
September 27, 2011 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)
September 21, 2011 64 MANDATE ISSUED.(AK, MDH and SSI) [7901395] (RR)
September 9, 2011 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)
August 17, 2011 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)
August 17, 2011 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)
August 16, 2011 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)
August 3, 2011 59 Featured Case FILED OPINION (ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA) AFFIRMED. Judge: SSI Authoring. FILED AND ENTERED JUDGMENT. [7841754] (RP)
August 3, 2011 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)
April 11, 2011 57 ARGUED AND SUBMITTED TO ALEX KOZINSKI, MICHAEL DALY HAWKINS and SANDRA S. IKUTA. [7712854] (BY)
March 16, 2011 56 Added attorney Andrew H. Schapiro for Google, Inc., in case 10-56316. [7682767] (EL)
March 16, 2011 55 Filed (ECF) notice of appearance of Andrew H. Schapiro for Appellee Google, Inc.. Date of service: 03/16/2011. [7682646] (AHS)
March 10, 2011 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)
March 10, 2011 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)
March 9, 2011 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)
March 4, 2011 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)
February 25, 2011 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)
February 18, 2011 49 UPDATED CASE CALENDARED: 04/11/2011 2:00 PM Pasadena, CA Courtroom 2 [7654017] (CL)
February 17, 2011 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)
February 16, 2011 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)
February 8, 2011 46 Materials sent to previous panel. [7640816] (PB)
February 8, 2011 45 Filed clerk order (Deputy Clerk:AF): The previous panel has retained jurisdiction of this appeal. [7640758] (AF)
February 3, 2011 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)
January 27, 2011 43 Received 7 paper copies of Reply brief [38] filed by Perfect 10, Inc.. [7626784] (SD)
January 21, 2011 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)
January 20, 2011 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)
January 20, 2011 41 Received notifcation of filing UNDR SEAL of appellant Perfect 10's reply brief and further excerpts of record. [7620473] (WP)
January 20, 2011 40 Filed UNDER SEAL Appellant Perfect 10, Inc. excerpts of record in 1 volume. Served on 01/19/2011. [7620435] (WP)
January 19, 2011 38 Submitted (ECF) Reply brief for review. Submitted by Appellant Perfect 10, Inc.. Date of service: 01/19/2011. [7618245] (JNM)
December 28, 2010 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)
December 27, 2010 36 Received 7 paper copies of Amicus brief [32] filed by Chilling Effects Clearinghouse Leaders. [7594162] (SD)
December 23, 2010 35 Filed UNDER SEAL Appellant Perfect 10, Inc's opposition to motion to strike. Served on 12/23/2010 [7591237] (EL)
December 23, 2010 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)
December 23, 2010 33 Entered appearance of Amicus Curiae Chilling Effects Clearinghouse Leaders. [7590579] (WP)
December 21, 2010 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)
December 21, 2010 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)
December 20, 2010 30 Received 7 paper copies of Answering brief [25] filed by Google, Inc.. [7587817] (SD)
December 20, 2010 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)
December 15, 2010 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)
December 14, 2010 28 Filed ( UNDER SEAL ) original and 7 copies of Appellee Google, Inc. answering brief of 65 pages. Served on. [7583998] (WP)
December 14, 2010 27 Filed Appellee Google, Inc. excerpts of record in 11 volumes. Volumes 2-10 filed UNDER SEAL. Served on 12/14/2010. [7580931] (WP)
December 14, 2010 25 Submitted (ECF) Answering brief for review. Submitted by Appellee Google, Inc.. Date of service: 12/14/2010. [7580889] (MMC)
December 14, 2010 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)
November 5, 2010 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)
November 5, 2010 22 Deleted Incorrect Docket Entry (AF)
November 5, 2010 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)
October 28, 2010 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)
October 28, 2010 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)
October 27, 2010 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)
October 26, 2010 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)
October 25, 2010 16 Received 7 paper copies of Opening brief [11] filed by Perfect 10, Inc.. [7521674] (SD)
October 20, 2010 13 Deleted Incorrect Docket Entry. (WP)
October 20, 2010 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)
October 19, 2010 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)
October 19, 2010 14 Filed UNDER SEAL Appellant Perfect 10, Inc. excerpts of record in 10 volumes. Served on 10/18/2010. [7515610] (WP)
October 19, 2010 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)
October 14, 2010 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)
October 13, 2010 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)
October 4, 2010 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)
September 15, 2010 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)
September 3, 2010 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)
September 1, 2010 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)
August 31, 2010 4 Received Appellant Perfect 10, Inc. notice regarding all trasncripts of district court proceedings required for appeal have already been prepared. [7458562] (EL)
August 30, 2010 3 Filed (ECF) Appellant Perfect 10, Inc. Mediation Questionnaire. Date of service: 08/30/2010. [7457297] (JNM)
August 24, 2010 2 Filed representation notice of. Jeffrey N. Mausner for Appellant. Served on 08/24/2010. [7449522] (BG)
August 24, 2010 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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Defendant-counter-claimant - appellee,: GOOGLE, INC., a corporation
Represented By: Margret Mary Caruso
Represented By: Rachel Marie Kassabian
Represented By: Bradley Robert Love
Represented By: Andrea Pallios Roberts
Represented By: Charles Kramer Verhoeven
Represented By: Michael Thomas Zeller
Represented By: Andrew H. Schapiro
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Plaintiff-counter-defendant - appellant,: PERFECT 10, INC.
Represented By: Jeffrey Neil Mausner
Represented By: David Schultz
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Amicus curiae,: PICTURE ARCHIVE COUNCIL OF AMERICA, INC.
Represented By: Nancy Wolff
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Amicus curiae,: AMERICAN SOCIETY OF MEDIA PHOTOGRAPHERS, INC.
Represented By: Nancy Wolff
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Amicus curiae,: GRAPHIC ARTISTS GUILD
Represented By: Nancy Wolff
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Amicus curiae,: AMERICAN SOCIETY OF PICTURE PROFESSIONALS
Represented By: Nancy Wolff
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Amicus curiae,: PROFESSIONAL ASSOCIATION FOR DESIGN
Represented By: Nancy Wolff
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Amicus curiae,: NEWSPAPER ASSOCIATION OF AMERICA
Represented By: Nancy Wolff
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Amicus curiae,: CHILLING EFFECTS CLEARINGHOUSE LEADERS
Represented By: Joseph Gratz
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