Archie MD, Inc. v. Elsevier, Inc.

Archie MD, Inc. v. Elsevier, Inc.

Plaintiff:	Archie MD, Inc.
Defendant:	Elsevier, Inc.
Case Number:	1:2016cv06614
Filed:	August 22, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jed S. Rakoff
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 501
Jury Demanded By:	None

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Date Filed	Document Text
August 21, 2017	Filing 86 OPINION. The Court concludes that, while the '274 Registration contained inaccurate information in that it described as unpublished a work that had already been published by virtue of its licensing and delivery to Elsevier, such inaccurate infor mation was not included with knowledge that it was inaccurate, and therefore, under 17 U.S.C. § 411(b) (1), that registration may serve as a prerequisite for Archie's remaining copyright claim. The Court therefore denies Elsevier's mot ion for summary judgment as to that claim, and it directs the parties to convene a joint telephone call to Chambers no later than August 25, 2017, to discuss the scheduling of a trial on the remaining claim. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/20/17) (yv)

Date Filed

Document Text

August 21, 2017

Filing 86 OPINION. The Court concludes that, while the '274 Registration contained inaccurate information in that it described as unpublished a work that had already been published by virtue of its licensing and delivery to Elsevier, such inaccurate infor mation was not included with knowledge that it was inaccurate, and therefore, under 17 U.S.C. § 411(b) (1), that registration may serve as a prerequisite for Archie's remaining copyright claim. The Court therefore denies Elsevier's mot ion for summary judgment as to that claim, and it directs the parties to convene a joint telephone call to Chambers no later than August 25, 2017, to discuss the scheduling of a trial on the remaining claim. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/20/17) (yv)

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Plaintiff: Archie MD, Inc.
Represented By:	Michael S. Elkin
Represented By:	Thomas Patrick Lane
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Defendant: Elsevier, Inc.
Represented By:	Alexander Kaplan
Represented By:	Russell Luke Kostelak
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