Cadence Design Systems, Inc., v. Does 1 tohrough 15

Filing 5

ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on October 6, 2010. (edllc2, COURT STAFF) (Filed on 10/6/2010)

Cadence Design Systems, Inc., v. Does 1 tohrough 15

Doc. 5

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On September 13, 2010, Plaintiff Cadence Design Systems, Inc., filed a Request for Subpoena Pursuant to 17 U.S.C. § 512(h) for Twitter, Inc. "to identify the individual(s) who, under the anonymous username `Dr. UVM,' repeatedly published (1) a hyperlink on Twitter.com directing users to a website hosting an unauthorized copy of Cadence's copyrighted work, and (2) commentary discussing contents of, and providing unauthorized experts of, that copyrighted work." On September 17, 2010, this matter was referred to this Court. In order to request a subpoena to identify an infringer, 17 U.S.C.A. § 512(h)(2) requires that the requesting party present the Court with: (A) a copy of a notification described in subsection (c)(3)(A); (B) a proposed subpoena; and (C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title. The request appears to be in order, except that the subpoena appears to be overboard insofar as the Requests for Production number two through number seven appear to seek information beyond the identification of an infringer. Therefore, no later than October 20, 2010, Plaintiff shall either v. JOHN DOES 1 through 15, inclusive, Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CADENCE DESIGN SYSTEMS, INC., a corporation, Plaintiff,

No. C 10-80227 MISC CRB (EDL) ORDER

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

propose a new subpoena limited to Request for Production number one, or file a supplemental brief stating authority for why the originally proposed subpoena is not overbroad. IT IS SO ORDERED. Dated: October 6, 2010 ELIZABETH D. LAPORTE United States Magistrate Judge

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