LUVDARTS, LLC v. AT & T MOBILITY, LLC

No. 11-55497.

710 F.3d 1068 (2013)

LUVDARTS, LLC, a California limited liability company; Davis-Reuss, Inc., a California Corporation, DBA Digi-Pie, Plaintiffs-Appellants, v. AT & T MOBILITY, LLC, a Delaware Limited Liability Company; CellCo Partnership, a New Jersey corporation, DBA Verizon Wireless; Sprint Spectrum LP, a Delaware Limited Partnership; T-Mobile USA, Inc., a Delaware Corporation, Defendants-Appellees, Verizon Wireless Telecom, Inc., a Delaware corporation; AT & T Wireless Services Inc., a Delaware corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2013.


Attorney(s) appearing for the Case

Perrin Disner , Law Offices of Perrin F. Disner, Los Angeles, CA, for Plaintiffs-Appellants.

Bruce G. Joseph (argued), Wiley Rein LLP, Washington, D.C.; Joseph Peterson , Kilpatrick Stockton LLP, New York, NY; Kent R. Raygor and Valerie Alter , Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA; and Kelly M. Klaus and Lika C. Miyake , Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendants-Appellees.

Before: DIARMUID F. O'SCANNLAIN and WILLIAM A. FLETCHER, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the owners of mobile multimedia messaging networks can be held liable for copyright infringement that allegedly occurs on their networks.

I

Plaintiffs Luvdarts LLC and Davis-Reuss, Inc. ("Luvdarts") are California corporations that produce, publish, distribute and sell mobile multimedia content. AT & T Mobility, LLC and the other co-defendants are mobile wireless carriers (...

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