Reed International PLC
Elsevier NV
19 June 2000
Issued on behalf of Reed International P.L.C. and Elsevier NV
11/00
REED ELSEVIER, MATTHEW BENDER SUCCESSFUL IN LAWSUITS AGAINST JURISLINE
Final resolution to litigation dismisses all of Jurisline's claims, declares
Reed Elsevier licence agreements to be valid and enforceable
Reed Elsevier plc announced today that the two lawsuits between its US
subsidiaries, Reed Elsevier Inc. and Matthew Bender & Company, Inc., and
Jurisline.com LLC have ended successfully for Reed Elsevier Inc. and Matthew
Bender. In the New York State court, final judgement was entered against
Jurisline on Matthew Bender's claims of breach of contract. In the US
Federal court, Jurisline's antitrust, copyright and Lanham Act claims against
Reed Elsevier Inc. were dismissed with prejudice. Both judgements were
entered with Jurisline's consent. The resolution of all claims follows an
earlier decisive ruling by the Federal court that Matthew Bender's state law
claims were not preempted by the US Copyright Act.
The final judgement entered in State court in favour of Matthew Bender:
* declares that the licence agreements under which Reed Elsevier Inc. and
Matthew Bender license case law and statutory materials are valid and
enforceable;
* directs Jurisline to delete from its web site and storage media all the
material that they obtained under licence from Matthew Bender and its
predecessor, and requires Jurisline to cease and desist from providing to any
third parties the content licensed from Matthew Bender and Reed Elsevier Inc.;
* compels Jurisline to return to Matthew Bender all of the licensed CD-ROMs
and copies thereof in its possession;
* prohibits Jurisline from using the LEXIS databases except as may be
authorised in writing by either Matthew Bender or Reed Elsevier Inc.; and
* requires the immediate transfer by Jurisline to Reed Elsevier Inc. of 48
domain names.
The final resolution in federal court dismisses with prejudice Jurisline's
claims that Reed Elsevier Inc. violated antitrust laws and that the LEXIS
database could be copied without violating the rights of Reed Elsevier Inc.
and Matthew Bender. In remanding the State court action to New York State
court, the Federal court had previously ruled that Matthew Bender's state law
claims are not preempted by the Copyright Act. The order of dismissal with
prejudice means that Jurisline cannot raise these claims again in Federal
court against Reed Elsevier Inc.
Henry Horbaczewski, Reed Elsevier Inc. General Counsel, said: 'When these
suits were commenced, we said that we expected the litigation to confirm that
those who contract to obtain our information services are bound by their
contractual obligations. That is exactly what has happened. The final
resolution of this litigation is a complete vindication of our business
practices, and a total rejection of Jurisline's.'
Stephen Kaye, Senior Partner of Proskauer Rose LLP, attorneys for Reed
Elsevier Inc. and Matthew Bender, said: 'Perhaps the most noteworthy of the
many significant features of the successful termination of this litigation is
the Federal court's decision that the LEXIS subscriber agreements are not
preempted by federal copyright law. These agreements, which specify and limit
the permissible uses of the LEXIS databases of court opinions and statutes,
are therefore confirmed as valid and enforceable.'
Information, contacts:
Susanna Smart - +44 (0)20 7227 5670
Diana Nelson - +1 212.333.3810
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Does not distribute, republish or otherwise provide any information or derived works to any third party in any manner or use or process information or derived works for any commercial purposes.
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