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Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g. One image is depicted below.
In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. The Lenz case got a lot of press, but it ended with a confidential settlement. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!
The dispute arose over a 2004 agreement between Versata and Ford for software that Versata developed to manage how components in Ford vehicles would be configured during assembly. million verdict against Ford Motor Co. Versata had been a vendor of Ford’s since the 1990’s until 2015 when Ford terminated the relationship.
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