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====== Plaintiffs Answer Counterclaim ====== | ====== Plaintiffs Answer Counterclaim ====== | ||
+ | //CBS, Paramount Say Their Lawsuit Isn't Over, Move on to Discovery// | ||
{{page> | {{page> | ||
- | /* CBS and Paramount Pictures | + | CBS and Paramount Pictures |
- | ===== Motion | + | In their Answer, the plaintiffs' |
- | The motion is a response to the [[answer|counterclaim]] | + | <WRAP right round download 50%> |
+ | **DOWNLOAD** | ||
+ | </ | ||
- | The plaintiffs' dismissal motion gives the defense 14 days to respond, followed by the plaintiffs chance | + | The answer was filed 21 days after the counterclaim was served on the plaintiffs |
- | Loeb asked Klausner for a hearing on the dismissal on XXXXXXXXX, 2016. | + | === Counterclaim === |
- | ===== Answer | + | In their counterclaim, |
+ | * "A real and reasonable apprehension" | ||
+ | * Put //Axanar// on hold until the studios provide " | ||
+ | * Grounds for a declaratory judgment that //Prelude to Axanar//, the //Axanar// screenplays, | ||
- | In their Answer, the plaintiffs' | + | ==== Studios' |
- | The answer was filed 21 days after the counterclaim was filed by Axanar, | + | <WRAP right box 50%> |
+ | //**__With regard to its ‘uncertainty as to how Axanar | ||
+ | </ | ||
- | ==== Counterclaim | + | In their eight-page response, CBS and Paramount generally denied Axanar' |
- | In that counterclaim, | + | > [Plaintiffs] admit that they have not sued with respect to all uses of the Star Trek Copyrighted Works, but deny that they have not previously sued to enforce their intellectual property rights in the Star Trek Copyrighted Works.((Paramount Pictures Corp. and CBS Studios Inc.'s Answer to Counterclaim, |
- | | + | |
- | * Put //Axanar// on hold until the studios | + | === Tolerated Use === |
- | * Grounds | + | |
+ | The plaintiffs disputed Peters' | ||
+ | |||
+ | > [The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [[[CBS officials]]] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | The studios | ||
+ | |||
+ | Instead, the plaintiffs denied that they did not " | ||
+ | |||
+ | == Overstatement == | ||
+ | |||
+ | In the counterclaim, Peters described his previous association with CBS as his "expertise" | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | Instead, the plaintiffs minimized their experience with Peters: "[We] admit that CBS Consumer Products Inc. worked in the past in a limited capacity with a company with which Alec Peters was involved," | ||
+ | |||
+ | === Abrams-Lin Intercession === | ||
+ | |||
+ | On May 20, 2016, Star Trek producer Abrams claimed the case was "going away … within the next few weeks," by which Axanar claimed Abrams and Lin had " | ||
+ | |||
+ | Instead, the plaintiffs stated that while Abrams' | ||
+ | |||
+ | With regard to its " | ||
+ | |||
+ | ==== Relief ===== | ||
Axanar also sought the following as relief from the court: | Axanar also sought the following as relief from the court: | ||
Line 32: | Line 67: | ||
* Defendants' | * Defendants' | ||
* Additional relief the court finds “just, proper, and equitable.”((Answer of Defendants … to Plaintiffs' | * Additional relief the court finds “just, proper, and equitable.”((Answer of Defendants … to Plaintiffs' | ||
+ | |||
+ | In reply, the plaintiffs generally denied Axanar' | ||
+ | |||
+ | ===== Next Steps ===== | ||
+ | |||
+ | Axanar' | ||
+ | |||
+ | In the meantime, settlement talks are said to be continuing between the parties. If successfully concluded, the two sides could each drop their complaint and counterclaim. Otherwise, the case continues [[anatomy_of_the_case|on its schedule]] toward trial in January 2017. {{: | ||
+ | |||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |