Video Professor, Inc. v., Inc.

Filing 55

NOTICE re 47 Response to Motion, 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested Providing Supplemental Authority by Defendant, Inc. (Attachments: # 1 Exhibit A)(Briant, Jared) Modified on 4/8/2010 to remove repetitive text(sah, ).

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Video Professor, Inc. v., Inc. Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:09-CV-00636-REB-KLM VIDEO PROFESSOR, INC., Plaintiff, v. AMAZON.COM, INC., Defendant. NOTICE OF SUPPLEMENTAL AUTHORITY Defendant, Inc. (" mazon", through counsel, in support of its A ) Motion for Summary Judgment and Memorandum in Support Thereof (Doc. No. 30, filed Oct. 27, 2009) and its Response to Plaintiff' Cross-Motion for Summary Judgment s (Doc. No. 47, filed Dec. 21, 2009), submits as supplemental authority a decision issued by the United States Court of Appeals for the Second Circuit, on April 1, 2010, captioned Tiffany (NJ) Inc. v. eBay, Inc., __ F.3d __, No. 08-3947-cv, 2010 WL 1236315, *6-8 (2d Cir. Apr. 1, 2010), which affirmed the ruling of the Southern District of New York in Tiffany Inc. v. eBay, Inc., 576 F. Supp. 2d 463, 497 (S.D.N.Y. 2008). A copy of the Second Circuit' decision is attached hereto as Exhibit A. s Respectfully submitted this 7th day of April, 2010. s/ Jared B. Briant Marc C. Levy Jared B. Briant FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Phone: (303) 607-3500 Fax: (303) 607-3600 Email: Attorneys for Defendant, Inc. -2- CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 7, 2010, I electronically filed the foregoing NOTICE OF SUPPLEMENTAL AUTHORITY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following persons at the given email addresses: Gregory C. Smith Kieran A. Lasater Fairfield & Woods, P.C. 1700 Lincoln Street W ells Fargo Center #2400 Denver, CO 80203 Email: /s/ Jared B. Briant Jared B. Briant -3-

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