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Intellectual Property Litigation

Mr. Masselli has worked on and contributed to the positive resolution of a variety of IP cases. Several of the more interesting include:

    Obtained dismissal of claim under Digital Millenium Copyright Act for purported false takedown notice. Virginia defendant was sued in Maine. Project DoD v. Federici, 2010 U.S. Dist. LEXIS 12244 (D. Me, February 11,2010)

    Represented Taiwanese manufacturing entity and its American subsidiaries on appeal in litigation stemming from purported patent infringement. Obtained reversal of $12.6 million judgment and remand order dismissing most claims and limiting overall exposure to $1 million. Fu Sheng Indus. Co. v. T/F Systems, 690 So. 2d. 617 (Fla. App. 4 Dist 1997)

    Represented small domestic corporation which sought to prevent Disney from infringing on trademark. Filed action which led to sealed settlement meeting the clients objectives.

    Represented Internet users in cases involving conflicts between copyright protection and free speech. Religious Technology Center v. Lerma, 40 U.S.P.Q.2d 1569 (E.D.Va 1996).

    Represented Mark Russell, the Capitol Steps and other prominent satirists as amici in Luther R. Campbell aka Luke Skywalker et al. v. Acuff-Rose Music, Inc., 114 S.Ct. 1164 (1994). Filed co-ordinated briefs in the Sixth Circuit. Wrote the petition for certiorari which was accepted by the Supreme Court and co-ordinated amici briefs.

    Represented coalition of environmental and farming organizations on litigation concerning scope of Plant Varieties Protection Act. Asgrow Seed Co. v. Winterboer, 115 S.Ct 788 (1995).

    Successfully represented challenger to trademark held by major insurance corporation. CNA Financial Corporation v. Larry D. Brown et. al. 922 F. Supp. 567 motion to reconsider denied 930 F. Supp. 1502 (M.D. Fla. 1996).

    Mr. Masselli no longer handles patent matters.