Gong v. Savage

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HONGMIAN GONG, Plaintiff, -against- 23-cv-7355 (AS) LERONE SAVAGE, ORDER Defendant.

ARUN SUBRAMANIAN, United States District Judge: By October 7, 2024, the parties should each submit a letter, not to exceed three single- spaced pages, addressing the following issues. The letters must be focused on the questions asked. The parties should focus on citing relevant authority and should not rely on any material outside the pleadings in making their arguments. 1. Statute of limitations. Are Gong’s copyright claims timely despite allegations that Gong knew about Savage’s copying and submitting the thesis approximately six years before she filed her complaint in this case? See Michael Grecco Productions, Inc. v. RADesign, Inc., 112 F.4" 144, 151 (2d Cir. 2024). 2. Statute of limitations. Can Savage be liable for contributory copyright infringement if Gong knew about his contributory acts (copying and submitting the thesis) six years before this suit was filed? See Mount v. Book-of-the-Month Club, Inc., 555 F.2d 1108, 1111 (2d Cir. 1977); Bridgeport Music, Inc. v. Diamond Time, Ltd., 371 F.3d 883, 890 (6th Cir. 2004). 3. DTSA Interstate or Foreign Commerce. Does the complaint plausibly allege a nexus between Gong’s trade secret and “a product or service used in, or intended for use in, interstate or foreign commerce”? 18 U.S.C. § 1836(b)(1). SO ORDERED. Dated: October 3, 2024 New York, New York

ARUN SUBRAMANIAN United States District Judge