Edwin Komen

Edwin Komen

Sheppard Mullin Richter & Hampton LLP

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Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

7/8/2014 - Affirmative Defenses Copyright Copyright Infringement Laches MGM Petrella v. MGM Raging Bull SCOTUS

The DMCA: Seeking Safe Harbor in a Sea of Troubles

Détente can be a beautiful thing. However, as demonstrated by the recent settlement agreement between Mega-media giants Google and Viacom, achieving it can be very expensive. In 2007, Viacom filed suit against YouTube...more

4/1/2014 - Copyright Copyright Infringement DMCA Google Safe Harbors Viacom v YouTube YouTube

BONDing With NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil...

A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the...more

4/1/2013 - BitTorrent Bonds Copyright Infringement Non-Practicing Entities

Thin Copyrights - Protected But Not Infringed

Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision – dealing with substantial similarity (or lack thereof) between two sets of stick...more

1/28/2013 - Copyright Infringement Substantially Similar

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