Legal Opinion

Riviera Distributors, Inc. v. Jones

Court of Appeals for the Seventh Circuit

Decided February 20, 2008No. 06-2043, 06-3692PublishedCited by 39 opinions

1Opinion of the Court

EASTERBROOK, Chief Judge.

Both sides to this litigation hold copyrights in software. Plaintiffs (which we call Riviera) contend that the “Stars and Stripes” video-poker game sold by defendants (which we call Midwest) infringes Riviera’s “Americana” source code. (There are several other games and sets of code, which we bypass to simplify the exposition.) After the suit had been pending for more than a year — and long after the time for a voluntary dismissal, without prejudice, under Fed.R.Civ.P. 41(a)(1) had passed — Riviera filed a motion to dismiss. It conceded that it lacked the evidence to…

2Cases cited7 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
  3. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  4. Mother and Father v. James CassidyCourt of Appeals for the Seventh Circuit · 2003
  5. Assessment Technologies of Wi, LLC v. Wiredata, Inc.Court of Appeals for the Seventh Circuit · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Cadkin v. LooseCourt of Appeals for the Ninth Circuit · 2009
  2. Hyperquest, Inc. v. N'Site Solutions, Inc.Court of Appeals for the Seventh Circuit · 2011
  3. Mostly Memories, Inc. v. for Your Ease Only, Inc.Court of Appeals for the Seventh Circuit · 2008
  4. Richard Bell v. Vacuforce, LLCCourt of Appeals for the Seventh Circuit · 2018
  5. FM Industries, Inc. v. Citicorp Credit Services, Inc.Court of Appeals for the Seventh Circuit · 2010

34 more not listed; retrieve them via the Exa API.

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