Lessons From MMAS Research About Dispositive Pitfalls in Copyright Litigation

Last month, the District Court for the Central District of California confirmed longstanding Ninth Circuit law that a license granting a bare right to sue is invalid and does not confer standing to bring suit for copyright infringement. MMAS Research LLC v. Charité, No. 21-CV-1406-MWF, Dkt. 47 (CD.Cal.Nov.4,2022). As a separate grounds for dismissal, the Court further found that the accused acts of infringement occurred entirely outside of the U.S., and the Ninth Circuit has repeatedly recognized that extra-territorial acts are non-actionable.