Drinker Wins Summary Judgment On All Claims In Copyright Infringement Case

Thursday, January 1, 2009 - 00:00

In one of the more entertaining cases Drinker's lawyers have handled recently, a federal judge in the U.S. District Court for the Central District of California granted summary judgment on all claims for Drinker Biddle & Reath LLP clients Midway Games Inc., Midway Home Entertainment Inc. and Midway Amusement Games, LLC in a copyright infringement case relating to psychic warfare. The case centered on Midway's video game, Psi-Ops: The Mindgate Conspiracy. William L. Crawford II and Mindshadow Entertainment LLC filed suit in February 2007, alleging that Psi-Ops: The Mindgate Conspiracy infringed plaintiffs' copyrights in both a screenplay also titled "Psi-Ops" and a series of websites created to promote that screenplay. In a complete victory for Midway, the court held that there was no proof of access and that any similarities between the works were coincidental and related solely to unprotectable plot elements.

Chicago partner Darren Cahr led associates Nicole Murray and Jeffrey Baravetto in representing Midway in this action.

A federal judge in the U.S. District Court for the Central District of Illinois has granted summary judgment of noninfringement in favor of Drinker Biddle clients LG Electronics and Pantech. On motions filed on behalf of the clients and then joined by defendant Disney Mobile, Judge Michael Mihm dismissed the patent infringement claims and awarded LG and Pantech their attorneys' fees and costs as sanctions under Rule 11 against both plaintiff Tribune Star, Inc., and its lawyers, calling plaintiff's claims "legally frivolous."

The Drinker Biddle team consisted of partners Brian Rupp and Patrick Kelleher, and associates Jasmine Patel and David Moorhead, resident in the Chicago office.

Drinker Biddle has been recognized for its expertise in privacy and data security in ComputerWorld's best privacy advisers in 2008. This is the third year ComputerWorld has surveyed more than 2,000 people responsible for data protection, asking which firms are best at helping organizations manage customer and employee information. The survey found that even in this struggling economy, 31 percent of companies are planning on increasing 2009 budgets for outside privacy advice. Also, continuing for the third year in a row, law firms are the first place companies turn to for advice on privacy issues, holding 72 percent of the votes.