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Intellectual Property Keyed to Merges
ProCD, Inc. v. Zeidenberg
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
ProCD, Inc. (Plaintiff) compiled information from more than 3,000 telephone directories into a computer database. The database cost over $10 million to compile and was expensive to keep current. ProCD (Plaintiff) included a license in every CD-ROM box stating that the software came with specified restrictions. The license limits the use of application program and listing for noncommercial purposes. Zeidenberg (Defendant) bought a consumer package of ProCD’s (Plaintiff) CD-ROM box in 1994 and formed Silken Mountain Web Services to resell the information in Select-Phone’s database. Defendant offered the information by Internet at a lower price than Plaintiff charged its commercial customers. Plaintiff filed suit seeking an injunction against further dissemination in violation of the licenses included in the box. The district court held that the licenses were ineffective. Plaintiff 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.