Riverdeep v. Compact Media (Federal District Court, Northern District of California)

Riverdeep Inc., LLC, a leader in consumer software publishing, retained us to represent it in an action against Compact Media and its principal, Ivy Chi, in Federal District Court, Northern District of California, for copyright infringement based on unlicensed replication and sale of Riverdeep software.  Compact Media was a former Riverdeep licensee that continued to replicate and sell Riverdeep software after license expiration, and also replicated and sold Riverdeep software as to which it never had a license, while at the same time misrepresenting to Riverdeep that it had stopped all replication and distribution.  The Court entered a temporary restraining order prohibiting Compact Media from continued replication and sales of Riverdeep software, requiring that Compact Media return to Riverdeep all “gold master” disks, and granting Riverdeep expedited discovery.  Riverdeep Inc., LLC v. Compact Media Inc., No. 4:05-cv-03741-PJH (N.D. Cal.  Sept. 30, 2005). Thereafter, we obtained records from Compact Media’s replicators that, coupled with Compact Media’s own sales records, created an indefensible case for Compact Media.  The case settled shortly after a court mandated mediation, with Compact Media making a substantial payment to Riverdeep.