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Summary Judgment is Not Appropriate for Willful Infringement Where Jury Could Find Otherwise.

Publication: Mondaq Business Briefing
Publication Date: 05-SEP-05 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The U.S. Court of Appeals for the Second Circuit has now held that even though Microsoft Corporation was entitled to summary judgment on its copyright infringement claims against an alleged counterfeiter, Island Software & Computer Services, a decision to grant the software giant $240,000 in statutory damages on grounds that the infringer acted "willfully" was inappropriate. Island Software & Computer Services v. Microsoft, Case No. 04-07744-cv (2nd Cir. June 28, 2005) (Calabresi, J.)....

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