Opinion
No. C-12-4601 EMC
05-07-2013
MINDEN PICTURES, INC., Plaintiff, v. JOHN WILEY & SONS, INC., Defendant.
SECOND NOTICE RE MOTION TO
DISMISS
(Docket No. 31)
Currently pending before the Court is Defendant's motion to dismiss for lack of subject matter jurisdiction, in which Defendant argues that Plaintiff lacks standing to bring this suit under the Copyright Act. Docket No. 31. The Court has reviewed the parties's submissions, and asks that the parties be prepared to discuss Gardner v. Nike, Inc., 279 F.3d 774, 779 (9th Cir. 2002) and Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008) at the May 9, 2013 hearing on this motion. Additionally, the parties should be prepared to discuss the question of whether Plaintiff is an exclusive licensee with respect to the photographs in question.
IT IS SO ORDERED.
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EDWARD M. CHEN
United States District Judge