· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.