492 F. Supp. 198 - Testa v. Janssen’s Empirical Analysis

Citation profile

8 federal appellate · 7 district · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “where the plaintiff misused the process of the courts by falsifying a court order, or by falsifying evidence, or where the copyright was procured by making fraudulent representations about authorship to the Register of Copyrights, or where plaintiff misrepresented to the court and to the opposing party the scope of his copyright, or where he obtained information as to the nature of defendant’s work through unfair means.”

   1 later decision quote this exact passage · from the majority
   e.g. Dynamic Solutions, Inc. v. Planning & Control, Inc.

2. “publication occurs when by consent of the copyright owner, the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public, or when an authorized offer is made to dispose of the work in any such manner even if a sale or other such disposition does not in fact occur.”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Tabb

3. “[t]o support a finding of access, plaintiffs' evidence must extend beyond mere speculation or conjecture. And, while circumstantial evidence is sufficient to establish access, a defendant's opportunity to view the copyrighted work must exist by a reasonable possibility--not a bare possibility”

   1 later decision quote this exact passage · from the majority
   e.g. Selle v. Gibb