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Rulings in Copyright and Immigration Matters

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By FindLaw Staff on February 19, 2010 2:35 PM

The Eleventh Circuit decided two cases today, one involving a copyright infringement action, and the other concerning an immigration matter.

In Utopia Provider Sys., Inc. v. Pro-Med Clinical Sys., L.L.C., No. 09-11160, plaintiff filed a copyright infringement action based on defendant's alleged misappropriation of plaintiff's paper templates.  The district court granted summary judgment to defendant and dismissed plaintiff's state law claims without prejudice.

The court of appeals affirmed, holding that the selection and arrangement of the terms in the paper template did not convey information and was not sufficiently original to qualify for copyright protection.

Diallo v. U.S. Atty. Gen., No. 08-16507, involved a petition for review of the BIA's order removing petitioner from the U.S., following the denial of petitioner's asylum application.

The Eleventh Circuit granted the petition on the ground that a credible death threat made in person by one with the ability to carry out that threat rose to the level of persecution.

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