Nicholas J. DiRoberto
Subscribe to Nicholas J. DiRoberto's PostsNicholas J. DiRoberto focuses his practice on intellectual property litigation matters. Read Nicholas DiRoberto's full bio.
A costly discovery misstep: Untimely damages evidence excluded
By Nicholas J. DiRoberto on Jun 18, 2026
Posted In Copyrights
The US Court of Appeals for the Fourth Circuit affirmed a district court’s exclusion of damages evidence under Federal Rule of Civil Procedure 37(c)(1) and the resulting grant of summary judgment against the plaintiff on all claims. Deque Sys. Inc. v. BrowserStack, Inc., Case No. 25-1534 (4th Cir. June 5, 2026) (Agee, Traxler, Floyd, JJ.)...
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One frame is enough: Second Circuit narrows de minimis use, limits fair use at pleading stage
By Nicholas J. DiRoberto on May 14, 2026
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed in part and reversed in part a judgment on the pleadings, clarifying that the de minimis doctrine does not apply where the copyrighted work is identifiable in the secondary use – even if only a single frame is copied – and that fair use is...
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