Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 161

Proposed Jury Instructions by Akanoc Solutions, Inc., Managed Solutions Group, Inc., Steven Chen DEFENDANTS' PROPOSED MODEL JURY INSTRUCTIONS. (Attachments: # 1 Supplemental Jury Instruction #1, # 2 Supplemental Jury Instruction #2, # 3 Supplemental Jury Instruction #3, # 4 Supplemental Jury Instruction #4, # 5 Supplemental Jury Instruction #5, # 6 Supplemental Jury Instruction #6, # 7 Supplemental Jury Instruction #7, # 8 Supplemental Jury Instruction #8, # 9 Supplemental Jury Instruction #9, # 10 Supplemental Jury Instruction #10, # 11 Supplemental Jury Instruction #11, # 12 Supplemental Jury Instruction #12, # 13 Supplemental Jury Instruction #13, # 14 Supplemental Jury Instruction #14, # 15 Supplemental Jury Instruction #15, # 16 Supplemental Jury Instruction #16, # 17 Supplemental Jury Instruction #17, # 18 Supplemental Jury Instruction #18, # 19 Supplemental Jury Instruction #20, # 20 Supplemental Jury Instruction #21, # 21 Supplemental Jury Instruction #22, # 22 Supplemental Jury Instruction #23)(Lowe, James) (Filed on 6/5/2009)

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Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al Doc. 161 Att. 5 Case5:07-cv-03952-JW Document161-6 Filed06/05/09 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) Brian S. Edwards (SBN 166258) Christopher Lai (SBN 249425) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: (949) 553-1010 Facsimile: (949) 553-2050 info@gauntlettlaw.com jal@gauntlettlaw.com bse@gauntlettlaw.com Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steve Chen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION LOUIS VUITTON MALLETIER, S.A., ) Case No.: C 07-3952 JW (HRL) ) ) Plaintiff, ) SUPPLEMENTAL JURY ) INSTRUCTION NO. 6 vs. ) ) ) ) AKANOC SOLUTIONS, INC., MANAGED SOLUTIONS GROUP, INC., STEVEN CHEN ) AND DOES 1 THROUGH 10, INCLUSIVE, ) ) ) Defendants. ) ) 164167.1-10562-002-6/5/2009 SUPPLEMENTAL JURY INSTRUCTION NO. 6 C 07-3952 JW Dockets.Justia.com Case5:07-cv-03952-JW Document161-6 Filed06/05/09 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 164167.1-10562-002-6/5/2009 JURY INSTRUCTION No. ____ CONTRIBUTORY COPYRIGHT INFRINGMENT INDUCED, CAUSED OR MATERIALLY CONTRIBUTED TO DIRECT INFRINGEMENT A defendant materially contributes to copyright infringement if the defendant's equipment was expressly engineered, and the defendant's services were disseminated and promoted, explicitly for the purpose of facilitating the exchange of counterfeit goods. SUPPLEMENTAL JURY INSTRUCTION NO. 6 C 07-3952 JW Case5:07-cv-03952-JW Document161-6 Filed06/05/09 Page3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A&M Records, Inc. v Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) ("Napster was a file sharing program which, while capable of non-infringing use, was expressly engineered to enable the easy exchange of pirated music and was widely so used.") Perfect 10, Inc. v. Visa Intern. Service Ass'n, 494 F.3d 788, 799 n. 10 (9th Cir. 2007) ("In fact, as virtually every interested college student knew-and as the program's creator expressly admitted-the sole purpose of the Napster program was to provide a forum for easy copyright infringement. [citation omitted] Perfect 10 does not contend that Defendants' payment systems were engineered for infringement in this way, and we decline to radically expand Napster's cursory treatment of "material contribution" to cover a credit card payment system that was not so designed Perfect 10, Inc. v. Visa International Service Association, 494 F.3d 788, 801 (9th Cir.2007) ("The software systems in Napster and Grokster were engineered, disseminated, and promoted explicitly for the purpose of facilitating piracy of copyrighted music and reducing legitimate sales of such music to the extent. Most Napster and Grokster users understood this and used those systems to purloin copyrighted music. . . Perfect 10 does not allege that Defendants created or promote their payment systems as a means to break laws.") 164167.1-10562-002-6/5/2009 SUPPLEMENTAL JURY INSTRUCTION NO. 6 C 07-3952 JW

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