I’m not a judge. And I don’t play one on TV. And despite what I believed was a strong memorandum in support of summary judgment, District Judge Klausner denied the defendants’ motion and set the case for trial.
Recall that defendant’s motion set forth several bases to support the grant of summary judgment. Following is a summary of the Court’s analysis of the motion for summary judgment, and the reasoning applied in denying the motion. Remember that in ruling upon a motion for summary judgment, the Court will construe the facts in the light most favorable to the non-moving party, the plaintiff here.
The Court first reviewed the parties’ expert testimony as well as deposition testimony of other witnesses to address defendants’ three principal defenses: (1) abandonment/waiver, (2) laches, and (3) defective deposit copy.
Defendants argued that Randy Wolfe had clearly abandoned/waived any claims to infringement, as evidenced by a magazine interview he gave many years ago. But the court found evidence that Wolfe’s waiver may not have been heartfelt. For example, the journalist who conducted the interview testified that Wolfe never received or reviewed the interview notes before the article was published. Plaintiff also pointed to the tenor of the interview, which indicated that Wolfe felt cheated by Led Zeppelin and was merely trying to save face and made light of a bad situation.
NOTE: HEAVY LEGAL ISSUES AHEAD, INCLUDING SOME (OK, COPIOUS) VERBATIM TRANSCRIPTION OF THE ORDER. PLEASE PROCEED WITH CAUTION TO THE JUMP PAGE.