A California federal judge denied both CoStar and CREXi’s partial summary judgment motions in CoStar’s copyright suit on Wednesday. The court found CoStar had shown ownership of images it accuses CREXi of infringing, but lacked evidence that CREXi’s platform specifically promoted those images or did so without broker involvement.
The rulings by U.S. District Judge Consuelo B. Marshall came two days after the Ninth U.S. Circuit Court of Appeals revived CREXi’s antitrust counterclaims against CoStar, giving momentum to CREXi in the complex litigation between the commercial real estate rivals.
On Thursday, CREXi's counsel Elliot Peters told Law360 that it's "been a terrific week" for the company.
"The Ninth Circuit's decision reviving our antitrust claims will open the door to discovery into CoStar's anticompetitive conduct — and exposes CoStar to treble damages," Peters said. "And the district court's summary judgment [ruling] cleared the way for trial on key issues while narrowing CoStar's theories and reinforcing many of ours."
"CoStar now has more to fear from this litigation than CREXi," he continued. "We look forward to presenting our case to a jury."
"When a jury hears the full story, CREXi will prevail," he added.
In addition to Peters, CREXi is represented by Keker attorneys Warren Braunig, Nick Goldberg, Katie Lynn Joyce, Jason George, Niall Frizzell, Christi Zaleski, Taylor Reeves, Julia Greenberg, Kelly Kaufman, Eleanor Brock, and Jasmine Virk.
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