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SOCIETE CIV. SUC. RICHARD GUINO v. INTERNATIONAL

No. CV 06 1540 PHX NVW.

460 F.Supp.2d 1105 (2006)

SOCIETE CIVILE SUCCESSION RICHARD GUINO, Plaintiff, v. INTERNATIONAL FOUNDATION FOR ANTICANCER DRUG DISCOVERY, and Arizona corporation; Deborah Lindquist; Marcia Karen Horn, Defendants.

United States District Court, D. Arizona.

November 3, 2006.

Attorney(s) appearing for the Case

Richard William Morris, Morris Law Firm, PLLC, Surprise, AZ, for Societe Civile Succession Richard Guino, Plaintiff.

Phil Scott Flemming, Yen Pilch Komadina & Flemming PC, Phoenix, AZ, Joshua J. Kaufman, Venable Baetjer Howard & Civiletti LLP, Washington, DC, for International Foundation for Anticancer Drug Discovery an Arizona corporation, Deborah Lindquist, Marcia Karen Horn, Defendants.

ORDER

WAKE, District Judge.

This case poses the question of whether the Copyright Act of 1976 authorizes the impoundment of infringing property innocently purchased by a non-infringing person. The Court holds that, like the Copyright Act of 1909, the 1976 Act does not provide such a remedy.

I. Background

Plaintiff Societe Civile Succession Richard Guino ("Societe") is a French trust formed to preserve the rights of the Guino...

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