Thomas & Libowitz Secures Summary Judgment In Intellectual Property Case
December 4, 2008

Thomas & Libowitz, P.A. Secures Summary Judgment In A Trade Secret Misappropriation And Copyright Infringement Case And Obtains An Award Of $380,000 In Attorneys' Fees And Costs.

Thomas & Libowitz, P.A. lawyers obtained summary judgment on behalf of two of its clients in a trade secret misappropriation and copyright infringement case where the plaintiff was seeking over 60 million dollars in damages. After obtaining summary judgment, the firm successfully obtained an award of $380,000 in attorneys' fees and costs for its clients.

The lawsuit was brought in the United States District Court for the Southern District of Iowa. The lawsuit alleged that the firm's clients infringed upon plaintiff's copyright registrations and misappropriated trade secrets related to plaintiff's business of conducting direct mail promotions in the television broadcast industry.

After extensive and voluminous briefing by the parties, U.S. District Court Judge Robert W. Pratt issued a 76 page opinion granting the summary judgment motion. The opinion has now been published and is styled as Sun Media Systems, Inc. v. KDSM, LLC, 564 F.Supp.2d 946 (S.D. Iowa 2008). Plaintiff moved the Court to reconsider its Order. The motion was denied. The Court's opinion addressing the motion for reconsideration has also been published and is styled as Sun Media Systems, Inc. v. KDSM, LLC, 576 F.Supp.2d 1018 (S.D. Iowa 2008).

Thomas & Libowitz, P.A. lawyers also moved for an award of attorneys' fees and costs based upon provisions in the Uniform Trade Secrets Act and the Copyright Act. Judge Pratt granted the motion and awarded $380,000 in attorneys' fees and costs.

In its 28 page opinion awarding attorneys' fees and costs, the Court noted Thomas & Libowitz, P.A. attorneys “presented thorough, articulate, and meritorious defenses to Plaintiff's sweeping and often incomprehensible claims of [copyright] infringement. Defendants' efforts should be awarded under the Copyright Act as they have aided in clearly demarcating the boundaries of the copyright laws.”

Judge Pratt noted in his opinion that Thomas & Libowitz, P.A. attorneys defended the case “thoroughly and zealously.” He further stated the firm's attorneys “were both capable and reputable, the amount of damages at issue were potentially in the millions of dollars, and the results obtained were, quite simply, the best possible—a complete grant of summary judgment in favor of Defendants.” The Court's opinion granting attorneys' fees and costs will be published, but as of this moment only the Westlaw citation is available (Sun Media Systems, Inc. v. KDSM, LLC, 2008 WL 4969159 (S.D. Iowa 2008).

If you have questions regarding intellectual property and technology issues, please contact:
Matthew J. Gallagher, Esq.
Steven A. Thomas, Esq.
Vasilios Peros, Esq.
(410) 752-2468