Lathrop Gage’s Intellectual Property Litigation Team Wins Motion to Dismiss in Contentious Copyright Battle


Los Angeles (Nov. 14, 2018)Lathrop Gage Los Angeles attorneys, Partner Erica J. Van Loon and Joshua J. Pollack, Of Counsel, assisted by James “Jay” Redd and Patricia Lehtinen Silva of St. Louis, Missouri, recently won a motion to dismiss on behalf of their clients, defendants Sagan Limited, Cyberweb Ltd., and Netmedia Services Inc. 

This case was a contentious copyright infringement suit brought by plaintiff AMA Multimedia LLC, a staunch competitor in the adult video content industry. On Oct. 24, dismissal was successfully granted to Lathrop Gage’s clients on the grounds of forum non conveniens, or inconvenient forum. In this case, AMA had entered into an agreement with an affiliate of Lathrop Gage’s clients which included a “forum selection clause” requiring all claims arising from or relating to the agreement to be litigated in Barbados. The court granted the motion to dismiss, finding that a U.S. Court of Appeals for the Ninth Circuit precedent allowed the defendants to enforce the forum selection clause as “closely related” entities.

Van Loon is an experienced trial attorney who focuses her practice on complex copyright, trademark, patent, rights of publicity, trade secrets, invasion of privacy, defamation, business interference and other media and entertainment claims. This marks the second time she has won a motion to dismiss on the basis of forum non conveniens in this matter. AMA appealed the previous win and the Ninth Circuit remanded sighting insufficient evidence. AMA plans to appeal again and Van Loon and team will work to affirm the win on appeal.

Lathrop Gage’s Intellectual Property Litigation attorneys have litigated hundreds of intellectual property matters nationwide. In the past five years alone, the team has represented clients in 30 federal courts, including the Eastern District of Texas, the District of Delaware and other busy patent jurisdictions. Firm attorneys have also successfully appeared before the U.S. Court of Appeals for the Federal Circuit in dozens of matters and have extensive experience in alternative venues for intellectual property cases, including dozens of successful appearances before the U.S. International Trade Commission in Section 337 investigations.

About Lathrop Gage

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