Monday, August 29, 2011

First Circuit --- Curet-Velazquez v. ACEMLA De Puerto Rico, Inc.

Copyright action - mostly procedural stuff.  

Preemption, SOL, misc arguments waived since not presented/preserved below.

No abuse of discretion in district court not looking at whole record for implied nonexclusive license affirmative defense - where not explicit, waived.

No abuse of discretion in reopening discovery.

No abuse of discretion in allowing expert to testify beyond his report without subsequent amendment. 

No error in not striking expert testimony where court ultimately doesn't credit his method.

Election of statutory damages under the Copyright Act can happen anytime prior to entry of judgment.

No error in damages.

Curet-Velazquez v. ACEMLA De Puerto Rico, Inc.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.