A Bad Precedent Trips Up O'Melveny in a Big IP Case

, The American Lawyer


Brought on to represent Sirius in a copyright fight, the firm makes a rookie mistake.

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What's being said

  • William A Keating

    I think that the assumption that Judge McMahon will be upheld on appeal is a rather large assumption. She is a federal district court trial judge with no expertise in the complicated arena of intellectual property law. She herself stated that there was no New York statutory or case law on point, so she would in effect be taking her best guess as to how the New York Court of Appeals would have interpreted the law.

    Judge McMahon having granted the Sirius motion for an interlocutory appeal, the case now goes to the Second Circuit Court of Appeals, which likewise can only predict what the New York courts would decide. If the legal questions are certified directly to the New York Court of Appeals, it is likely that this Court will spend little or no time addressing Judge McMahon‘s ruminations.

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