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· 9/14/2011

Airframe Systems, Inc. v. L-3 Communications Corp.

Citations

  • 658 F.3d 100
  • 100 U.S.P.Q. 2d (BNA) 1133
  • 2011 U.S. App. LEXIS 18931
  • 2011 WL 4058676

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that even a claim that lost at summary judgment was not “objectively weak.”
  • noting that \litigants - 24 - customarily bear responsibility for their own legal fees\
  • noting that before a “comparison can take place, the plaintiff must necessarily establish the content of the copyrighted work that it contends was infringed” even if there is evidence of direct copying
  • affirming denial of attorney’s fees despite plaintiff not establishing the content of copyrighted source code
  • describing the substantial similarity test as turning on whether a reasonable, ordinary observer, upon examination of the two works, would conclude that the defendant unlawfully appropriated the plaintiff's protectable expression
  • affirming denial of attorney’s fees for defending against claims where the claims were not “frivolous, improperly motivated, or objectively unreasonable,” and where there was “reasonably swift resolution” of the claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Boudin, Dyk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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