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Strategic Learning, Inc. v. Wentz

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 25, 2006

STRATEGIC LEARNING, INC., PLAINTIFF
v.
THOMAS WENTZ AND CORPORATE PERFORMANCE SYSTEMS, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER AND NOW, this 24th day of October, 2006, upon consideration of plaintiff's motion for partial summary judgment (Doc. 24), requesting that the court enter judgment in plaintiff's favor on defendants' copyright infringement counterclaim, and of defendants' motion (Doc. 26) to strike plaintiff's motion for partial summary judgment (Doc. 24), and it appearing that plaintiff's motion for partial summary judgment is based solely on defendants' failure to attach the copyright registration number or certificate of registration to the counterclaim (see Doc. 24), and that defendants have provided the copyright registration number (see Doc. 36 at 2) and certificate of registration (see Doc. 35, Ex. A) in response to plaintiff's motion, and the court finding that copyright registration is a condition precedent to instituting a copyright claim,*fn1 see 17 U.S.C. § 411(a), but that appending the certificate of registration or copyright registration number to the claim itself is not required,*fn2 it is hereby ORDERED that:

1. Plaintiff's motion for partial summary judgment (Doc. 24) is DENIED.

2. Defendants' motion to strike (Doc. 26) is DENIED as moot.


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