| Winston & Strawn
Accused of Copying Rule 12 Motion
by Smaller Firm May Face Dec Trial
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
March 29 – A six-attorney law
firm in Boston late on
December 26 sued Winston &
Strawn for stealing its brief
- actually, a Rule 12 Motion
which it says was protected by
copyright law.
The lawsuit,
filed past 10 pm in the U.S.
District Court for the
Southern District of New York,
was found minutes later in the
dockets by Inner City Press,
which closely covers SDNY -
but will not be quoting the
complaint, even though that
would be fair use.
Hsuanyeh
Law Group filed a Rule 12
motion on August 23, 2023 for
Phison Electronics
Corporation. The motion,
it was, was copyrighted as of
August 30.
On August
24 Winston and Strawn filed
Rule 12 motion that Hsuanyeh
says was a"nearly verbatim"
copy. Hsuanyeh cites a
decision by SDNY Judge Jed S.
Rakoff (in White v. West Pub.
Corp. 12-cv-1340), and a 2016
CDCA decision.
Winston &
Strawn, in a letter annexed to
the complaint, argued that
"any suggestion that the act
of filing the Motion
constitutes publication is
incorrect." Instead, it was a
"public display" on PACER.
Note we are quoting from
Winston's letter...
On March 29,
District Judge Denise L. Cote
held a conference. The
plaintiffs want a statement;
Judge Cote explained the only
way to get that is on a
summary judgment motion, or
trial (which she set for
December). In April, there
will be a mediator or
Magistrate Judge Sarah
Netburn.
This case
is Hsuanyeh Law Group PC v.
Winston & Strawn LLP et
al., 23-cv-11193 (Cote)
***
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