Magistrate recommends denial of dismissal and transfer motions
Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.
Stark, M. J. Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.
In this copyright infringement action, the Magistrate notes authority that a transfer motion is not a dispositive motion within the meaning of 28 U.S.C. section 636, but treats the entirety of the motion as case dispositive. The summary judgment motion is based on the argument that the subject matter of the copyright is a collection of elements common to computer interfaces and the ideas are so closely tied to the expression of the idea so as to be not copyrightable. Plaintiff has alleged only “substantial similarity” and not “virtually identical.” The Court concludes discovery is warranted and the motion for summary judgment is premature. Defendant is a Delaware corporation and failed to meet the heavy burden of establishing the Jumara factors weigh so heavily in favor of transfer as to defeat plaintiff’s choice of forum.
