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EVERGREEN SAFETY COUNCIL v. RSA NETWORK INC.

No. 11-35680.

697 F.3d 1221 (2012)

EVERGREEN SAFETY COUNCIL, a Washington nonprofit corporation, Plaintiff-Appellee, v. RSA NETWORK INC., DBA Starfish Network, Inc., a Utah corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2012.

Attorney(s) appearing for the Case

Blake Ostler (argued), Salt Lake City, UT, John Whitaker , Seattle, WA, for the defendant-appellant.

David C. Spellman , Tiffany Scott Connors (argued), Seattle, WA, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

RSA Networks (RSA) appeals the district court's grant of summary judgment dismissal of RSA's claim for copyright infringement against Evergreen Safety Council (Evergreen) on the ground of laches. RSA contends that the district court erred in applying laches because Evergreen willfully infringed upon its copyright. We reject this argument because Evergreen acted under color of title and in good faith, and therefore did not...

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