Archie MD, Inc. v. Elsevier, Inc.
||Archie MD, Inc.
||August 22, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Jed S. Rakoff
|Nature of Suit:
|Cause of Action:
||17 U.S.C. § 501
|Jury Demanded By:
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|August 21, 2017
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 The Court concludes that, while the '274 Registration contained inaccurate information in that it described as unpublished a work that had already been published by virtue of its licensing and delivery to Elsevier, such inaccurate infor mation was not included with knowledge that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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