Robert C. Mention v. Henry Brandt Gessell

TANG, Circuit Judge:

The Oregon architectural firm of Mention, Hanns, and Lindburg (MHL) alleged common law copyright infringement against Gessell, Smith, and Mosman (GSM) of Washington, based on GSM’s copying and use of MHL’s plans and drawings for construction of migrant labor housing. A jury found for MHL and awarded damages of $95,755. The district court denied GSM’s motions for a judgment notwithstanding the verdict or new trial. We reverse, since MHL’s claim was barred, in whole or in part, by the statute of limitations, and was preempted in part by the federal Copyright Act of 1976.

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