Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Filing 47

Second ORDER re 31 MOTION to Dismiss for Lack of Jurisdiction (MSJ)pursuant to FRCP 12(b)(1) filed by John Wiley & Sons, Inc.. Signed by Judge Edward M. Chen on 5/7/13. (emclc2, COURT STAFF) (Filed on 5/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MINDEN PICTURES, INC.,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-12-4601 EMC

JOHN WILEY & SONS, INC.,

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SECOND NOTICE RE MOTION TO
DISMISS

Defendant.
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(Docket No. 31)
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Currently pending before the Court is Defendant’s motion to dismiss for lack of subject

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matter jurisdiction, in which Defendant argues that Plaintiff lacks standing to bring this suit under

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the Copyright Act. Docket No. 31. The Court has reviewed the parties’s submissions, and asks that

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the parties be prepared to discuss Gardner v. Nike, Inc., 279 F.3d 774, 779 (9th Cir. 2002) and

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Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008) at the May 9, 2013 hearing

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on this motion. Additionally, the parties should be prepared to discuss the question of whether

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Plaintiff is an exclusive licensee with respect to the photographs in question.

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IT IS SO ORDERED.

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Dated: May 7, 2013
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_________________________
EDWARD M. CHEN
United States District Judge