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Intellectual Property Keyed to Merges
Sega Enterprises Ltd. v. Accolade, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Sega Enterprises Ltd. (Sega) (Plaintiff) and Accolade, Inc. (Defendant) made and marketed video game cartridges. In order to make its own games compatible with Sega’s (Plaintiff) console, Accolade (Defendant) “reverse engineered” Sega’s (Plaintiff) video game programs to discover the requirements for compatibility with the console. In order to do this, it first copied Plaintiff’s copyright code in its entirety and then disassembled it to see how it worked. Defendant then created its own games for use with Plaintiff’s console, but did not copy Plaintiff’s programs or use any of its codes. Plaintiff sued for copyright infringement. The district court granted Plaintiff’s motion for a preliminary injunction to prevent Defendant from further disassembly of Plaintiff’s object codes. Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.