MEMORANDUM OF LAW in Support re: 61 CROSS MOTION for Summary Judgment ., 55 MOTION for Summary Judgment . and In Opposition to Plaintiff's Motion for Summary Judgment. Document
477 U.S. 242 (1986) Cited 236,238 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
398 U.S. 144 (1970) Cited 25,043 times 1 Legal Analyses
Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
Holding that the legitimate employer interests are limited to "the protection against misappropriation of the employer's trade secrets or of confidential customer lists, or protection from competition by a former employee whose services are unique or extraordinary."
Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter
813 F. Supp. 2d 489 (S.D.N.Y. 2011) Cited 141 times 2 Legal Analyses
Holding that defendants' violation of SCA was neither willful nor intentional because there was no basis to conclude that defendants were "aware of the statute, or knew that their conduct was otherwise unlawful"
Finding of enablement is not precluded even if some experimentation is necessary, although the amount of experimentation needed must not be unduly extensive
Holding in the context of laches that "[w]ith no legal right to enforce, it cannot be said that Genentech unreasonably delayed during that time period [before FDA approval and launch]."
17 U.S.C. § 106 Cited 3,746 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”