Motions
Litigation | ProcedureWe handle all types of litigation motions including motions to dismiss, summary judgment motions, preliminary injunctions, and other dispositive and non-dispositive motions.
Overview
Effective Motion Practice
Motions can resolve cases or shape their direction. MC Law's Motions practice handles all types of litigation motions.
Motions to Dismiss
Defective claims should be dismissed early. We file and defend motions to dismiss under Rule 12(b) for lack of jurisdiction, failure to state a claim, and other grounds.
Summary Judgment Summary judgment can resolve cases before trial. We file and defend summary judgment motions, developing strong evidentiary records and persuasive legal arguments. Preliminary Relief Some matters require immediate attention. We pursue and defend preliminary injunctions, temporary restraining orders, and other interim relief. Discovery Motions Discovery disputes require court intervention. We file and defend motions to compel, protective orders, and sanctions motions. Case Management Case management motions shape proceedings. We file and respond to motions regarding scheduling, bifurcation, consolidation, and other case management issues. Oral Argument Argument can influence outcomes. We prepare for and present effective oral arguments on motions.Our Services
litigation
Federal registration and validity opinions
commencement-pleadings
Federal registration and validity opinions
discovery
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
A motion to dismiss under Rule 12(b) challenges the complaint's legal sufficiency. Common grounds include lack of jurisdiction, improper venue, insufficient service, and failure to state a claim. It is typically the first substantive motion and can resolve cases before discovery.
Summary judgment under Rule 56 argues there are no genuine disputes of material fact and the movant is entitled to judgment as a matter of law. It is filed after discovery and can resolve all or part of the case without trial, based on the evidentiary record.
A preliminary injunction is appropriate when the movant can show likelihood of success on the merits, irreparable harm without the injunction, that the balance of equities favors relief, and that the injunction serves the public interest. Timing is critical—delays can undermine the urgency argument.
Daubert motions challenge the admissibility of expert testimony under Rule 702, arguing that the expert's methodology is unreliable, the opinions are not based on sufficient facts, or the expert failed to apply reliable methods to the case facts. They are often case-dispositive.
Respond by demonstrating good faith compliance with obligations, addressing specific allegations of misconduct, showing lack of prejudice to the opposing party, and presenting any mitigating circumstances. If warranted, acknowledge errors, describe corrective measures, and argue for proportionate consequences.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
