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

Filing 238

PRELIMINARY RESPONSE TO PLAINTIFF'S 237 SUPPLEMENTAL BRIEF RE EXTRA TERRITORIAL APPLICATION OF U.S. COPYRIGHT AND TRADEMARK LAWS, AND TO PLAINTIFF'S REQUEST FOR ENTRY OF JUDGMENT by Akanoc Solutions, Inc., Steven Chen, Managed Solutions Group, Inc.. (Lowe, James) (Filed on 9/4/2009) Modified on 9/8/2009,(counsel failed to properly link to which document it relates to.) (cv, COURT STAFF).

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

Doc. 238

Case5:07-cv-03952-JW Document238

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GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) Brian S. Edwards (SBN 166258) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] 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., Plaintiff, vs. AKANOC SOLUTIONS, INC., et al., Defendants.

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Case No.: C 07-3952 JW (HRL) DEFENDANTS' PRELIMINARY RESPONSE TO PLAINTIFF'S SUPPLEMENTAL BRIEF RE EXTRA TERRITORIAL APPLICATION OF U. S. COPYRIGHT AND TRADEMARK LAWS, AND TO PLAINTIFF'S REQUEST FOR ENTRY OF JUDGMENT

166014.1-10562-002-9/4/2009

PRELIM. RESPONSE TO PLAINTIFF'S SUPP. BRIEF ­ C 07-3952 JW

Dockets.Justia.com

Case5:07-cv-03952-JW Document238

Filed09/04/09 Page2 of 2

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I.

ENTRY OF JUDGMENT WOULD BE PREMATURE BECAUSE THE PARTIES HAVE NOT YET COMPLETELY BRIEFED THE POST-VERDICT ISSUES THAT THE COURT REQUESTED During Jury deliberations, the Court requested additional briefing about whether (and if so, to

what extent) the United States copyright and trademark laws applied to acts of infringement that occurred outside the United States. The Court listed several discrete questions on which it desired additional briefing. The Court indicated that it would issue a briefing schedule for the issues raised. But before the Court provided one, on September 3, 2009 Plaintiff suddenly filed a "Supplemental Brief Re Applicability of U.S. Copyright and Trademark Laws to California Based Web Hosting Defendants," combined with a one-sentence "Request for Entry of Judgment." [Docket No. 237]. Defendants preliminarily respond: 1. Judgment should not be entered until the Court has issued its briefing schedule, the

parties complete their briefing and the Court decides the issues briefed.1 2. Judgment also should not be entered until the parties complete their briefing on the

scope and language of the permanent injunction that Plaintiff seeks.

Dated: September 4, 2009

GAUNTLETT & ASSOCIATES

By:

/s/ James A. Lowe David A. Gauntlett James A. Lowe Brian S. Edwards

Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc., and Steve Chen

By submitting their prejudgment briefs in accordance with the Court's directives, Defendants do not waive their rights to submit additional post-judgment briefing, if necessary, on the subjects pursuant to Fed. R. Civ. P. 50(b) or 59 should they deem it necessary to do so.
166014.1-10562-002-9/4/2009

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PRELIM. RESPONSE TO PLAINTIFF'S SUPP. BRIEF ­ C 07-3952 JW