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

Filing 8

ORDER re 1 Request filed by Cadence Design Systems, Inc.,, 6 Notice (Other) filed by Cadence Design Systems, Inc.,. Signed by Magistrate Judge Elizabeth D. Laporte on October 12, 2010. (edllc2, COURT STAFF) (Filed on 10/12/2010)

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

Doc. 8

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 its October 6, 2010 order, the Court found that the proposed subpeona appeared overbroad, and requested Plaintiff to either narrow their request to identification only, or provide supplemental briefing supporting the proposed subpoena. Plaintiff immediately responded on October 6, 2010, and submitted an amended proposed subpeona limited to Request for Production number one, requesting: "documents sufficient to identify the name(s), residential and/or business address(es), email address(es), and telephone number(s)" of the alleged infringers. Pl.'s Req. Ex. B. 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: 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 GRANTING PLAINTIFF'S REQUEST FOR SUBPOENA

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

(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. Plaintiff has complied with § 512(h)(2) and has appropriately narrowed its subpoena to seek information regarding the alleged infringer's identity. Therefore, the Court grants Plaintiff's request and orders the Court Clerk to issue the subpoena. IT IS SO ORDERED. Dated: October 12, 2010 ELIZABETH D. LAPORTE United States Magistrate Judge

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