Docket No. 97-7910.

158 F.3d 674 (1998)

MATTHEW BENDER & COMPANY, INC., Plaintiff, Hyperlaw, Inc., Intervenor-Plaintiff-Appellee, v. WEST PUBLISHING CO. and West Publishing Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 3, 1998.

Attorney(s) appearing for the Case

Carl J. Hartmann, III, New York City (Paul J. Ruskin, Douglaston, NY, Lorence L. Kessler, Washington, DC, on the brief), for Intervenor-Plaintiff-Appellee.

James F. Rittinger, New York City (Arthur R. Miller, Cambridge, MA, Joshua M. Rubins, Satterlee Stephens Burke & Burke LLP, New York City, on the brief), for Defendants-Appellants.

Proskauer Rose LLP, Jon A. Baumgarten, Charles S. Sims, Anna Kraske, New York City, for Amicus Curiae Reed Elsevier, Inc.

Arnall Golden & Gregory LLP, Atlanta, GA, L. Ray Patterson, Athens, GA, for Amicus Curiae American Association of Legal Publishers.

Fish & Richardson, P.C., Arnold P. Lutzker, Carl H. Settlemyer, III, Washington, DC, for Amicus Curiae American Association of Law Libraries, American Library Association, Association of Research Libraries, Medical Library Association, Society of American Archivists, Special Library Association.

Before: CARDAMONE and JACOBS, Circuit Judges, and SWEET, District Judge.

Judge SWEET dissents in a separate opinion.

JACOBS, Circuit Judge:

West Publishing Co. and West Publishing Corp. (collectively "West") publish compilations of reports of judicial opinions ("case reports"). Each case report consists of the text of the judicial opinion with enhancements that for the purposes of this case can be put in two categories: (i) independently composed features, such as a syllabus (which digests and heralds the opinion's general holdings...

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