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Use the links below to access additional information about this case on the US Court's PACER system.Īccess this case on the New Mexico District Court's Electronic Court Filings (ECF) System (Garcia, Monica)Īccess additional case information on PACER ( Filing Fee - Deliver Payment), filed by Teva Pharmaceuticals USA, Inc. from Second Judicial District court, case number D-202-CV-2021-06502. NOTICE OF REMOVAL by Teva Pharmaceuticals USA, Inc. Robbenhaar and United States Magistrate Judge Jerry H. For e-filers, visit our Web site at for more information and instructions. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference.
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Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. (Ferguson, Kenneth)įiling Fee: $ 402, receipt number ALB051556 (snw)
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(bl)ĪNSWER to Complaint (Notice of Removal) by Pd-Rx Pharmaceuticals, Inc. A more recent docket listingĬONDITIONAL TRANSFER ORDER (CTO-49) by JPML (certified copy) transferring this matter to the United States District Court for the District of New Jersey for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. Last month, we looked at the criminal complaint against the alleged operator of the torrent search engine Kickass Torrents (KAT) and raised a number of questions about the complaint.This docket was last retrieved on January 19, 2022. We noted that it appeared that the alleged operator, Arten Vaulin, was getting the "Megaupload treatment," as there were a number of similarities between the two cases and the legal leaps of logic employed by the Justice Department in making their case. Thus, it was little surprise that Ira Rothken, who has managed the legal efforts for Kim Dotcom/Megaupload, has now signed on to represent Vaulin as well. His first move, last week, was to send the DOJ a letter, asking it to drop the case. While I would imagine that the request resulted in some hearty laughter among DOJ lawyers, it does lay out some of the key arguments that Vaulin will likely make as the case moves forward. The key issue - as we pointed out in our post - and which is also true of the Dotcom/Megaupload case - is that the DOJ appears to be making up a secondary liability for criminal infringement claim, which does not exist in the law. This alleged criminal copyright case arises out of an erroneous theory of criminal copyright law advanced by the United States that attempts to hold Artem Vaulin ("Defendant") criminally liable for the alleged infringing acts of KAT's search engine users. Vaulin’s involvement in KAT shall await another day. Distilled down, in terms of technology, nothing more is alleged in the CC than that a visitor to defendants' alleged "KickAssTorrents" ("KAT") site can take advantage of automated search processes embodied there to search for and locate "dot torrent" files. Such files contain textual information assembled by automated processes and do NOT contain copyrighted content.
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#JUDICIAL CONSENT MOVIE TORRENT DOWNLOAD SOFTWARE#Īfter leaving the defendants' alleged websites, the visitor may stop and do nothing or use the data in such torrent files in conjunction with third party "client" software and that pursuit may, according to the desires of the user and the uncertain nature of the availability of third party files on the internet, lead to both infringing and non-infringing files being constructed that are located elsewhere on the Internet. By the time any possible primary infringement by a former KAT visitor could ever occur the visit to the site is long over. The indictment does not even come close to alleging direct "willful" copyright infringement as KAT contains and transmits no content files. Defendants cannot be held criminally responsible for what users do after they leave the KAT search engine behind. The Copyright Act does not criminalize secondary copyright infringement. The Criminal statute at issue namely Section 506 only imposes liability for direct, willful infringement that causes specific damages. The government’s copyright conspiracy theory for similar reasons fails as a matter of law. #JUDICIAL CONSENT MOVIE TORRENT DOWNLOAD SOFTWARE#.