Summary Order Citation - Matthew Bender/HyperLaw v. West March 12, 1997.
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
MATTHEW BENDER & COMPANY, INC., Plaintiff
and HYPERLAW, INC., Intervenor-Plaintiff,
-v.-
WEST PUBLISHING COMPANY, Defendant.
MATTHEW BENDER & COMPANY, INC., Plaintiff,
-v.-
WEST PUBLISHING COMPANY, Defendant.
94 Civ. 0589 (JSM), 95 Civ. 4496 (JSM)
1997 U.S. Dist. LEXIS 2710
March 12, 1997, FILED
COUNSEL:
For Bender, Plaintiff: Elliot Brown, Esq., Irell & Manella,
Los Angeles, California.For HyperLaw: Paul J. Ruskin, Douglaston, New York and
Carl J. Hartmann III, New York, NYFor Defendant: Joshua M. Rubins, Esq., Satterlee Stephens Burke & Burke, New York, NY.
MEMORANDUM ORDER
JOHN S. MARTIN, Jr., District Judge:
After hearing argument on motions for summary judgment, the Court granted the motions of both Matthew Bender and Hyperlaw for summary judgment that their use of references to the particular page in the West reports where a portion of an opinion appeared did not violate West's copyright in the compilation. This is to certify pursuant to Rule 54(b) of the Federal Rules of Civil Procedure that there is no just reason to delay entry of judgment on this claim and to direct entry of summary judgment on this issue.
The issue of West's copyright interest in its pagination is the only issue present in the action by Matthew Bender. While other issues are presented in the Hyperlaw action they are totally distinct from the pagination issue. Given the fact that West's [*2] assertion that it has a copyright interest in the pagination of its volumes may deter competitors from entering the market, it is particularly important that the final determination of this issue not await the decision on the other issues raised by Hyperlaw.
SO ORDERED.
Dated: New York, New York
March 11, 1997
JOHN S. MARTIN, JR., U.S.D.J.
.
Summary Order Citation - Matthew Bender/HyperLaw v. West March 12, 1997.
See Bench Opinion November 22, 1996 Granting Summary Judgment to Matthew Bender and HyperLaw