Justia Dockets & Filings Second Circuit New York Southern District John Wiley & Sons, Inc., v. DRK Photo

John Wiley & Sons, Inc., v. DRK Photo

Plaintiff:	John Wiley & Sons, Inc.,
Defendant:	DRK Photo
Case Number:	1:2011cv05454
Filed:	August 5, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	George B. Daniels
Nature of Suit:	Copyright
Cause of Action:	17 U.S.C. § 101 Copyright Infringement
Jury Demanded By:	Defendant

Available Case Documents

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Date Filed	Document Text
February 21, 2014	Filing 106 OPINION AND ORDER re: 73 MOTION for Partial Summary Judgment filed by DRK Photo, 52 MOTION for Summary Judgment filed by John Wiley & Sons, Inc.: For the foregoing reasons, DRK's motion for partial summary judgment is denied as to the DRK Su mmary Judgment Instances except the Three Bean Instances, and DRK's claims as to those instances are dismissed; DRK's motion for partial summary judgment as to the Three Bean Instances is granted; Wiley's motion for summary judgment di smissing the non-Bean and non-French DRK Counterclaim Instances is granted, and DRK's claims as to those instances are dismissed; Wiley's motion for summary judgment for declaratory relief of non-infringement is denied; and its claims for d eclaratory relief as to the Wiley Non-Infringement Instances are dismissed except for the French and Bean instances at lines 3, 117, 120, 137, 140, 149, 150, 160, 163, 192, 210, 213, 224, 225, 233, 236, 247, 248, 265, 287, 290, 313, and 314 of Wiley& #039;s Chart. The Clerk of Court is directed to terminate Docket Entries 52 and 73. A pretrial conference will be held on March 21, 2014, at 2:30 p.m. to discuss scheduling trial in this matter. (Pretrial Conference set for 3/21/2014 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/21/2014) (tn)

Date Filed

Document Text

February 21, 2014

Filing 106 OPINION AND ORDER re: 73 MOTION for Partial Summary Judgment filed by DRK Photo, 52 MOTION for Summary Judgment filed by John Wiley & Sons, Inc.: For the foregoing reasons, DRK's motion for partial summary judgment is denied as to the DRK Su mmary Judgment Instances except the Three Bean Instances, and DRK's claims as to those instances are dismissed; DRK's motion for partial summary judgment as to the Three Bean Instances is granted; Wiley's motion for summary judgment di smissing the non-Bean and non-French DRK Counterclaim Instances is granted, and DRK's claims as to those instances are dismissed; Wiley's motion for summary judgment for declaratory relief of non-infringement is denied; and its claims for d eclaratory relief as to the Wiley Non-Infringement Instances are dismissed except for the French and Bean instances at lines 3, 117, 120, 137, 140, 149, 150, 160, 163, 192, 210, 213, 224, 225, 233, 236, 247, 248, 265, 287, 290, 313, and 314 of Wiley& #039;s Chart. The Clerk of Court is directed to terminate Docket Entries 52 and 73. A pretrial conference will be held on March 21, 2014, at 2:30 p.m. to discuss scheduling trial in this matter. (Pretrial Conference set for 3/21/2014 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/21/2014) (tn)

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Plaintiff: John Wiley & Sons, Inc.,
Represented By:	Christopher Perry Beall
Represented By:	Robert Penchina
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Defendant: DRK Photo
Represented By:	Edward Hernstadt
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