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DREAM GAMES OF ARIZONA, INC. v. PC ONSITE

Nos. 07-15847, 07-15919.

561 F.3d 983 (2009)

DREAM GAMES OF ARIZONA, INC.; American Software Development Company, Inc., Plaintiffs-Appellees, v. PC ONSITE; Casey Hagon, Defendants-Appellants, and Affordable Video Systems, Ltd.; Garland Pierce; Frank Diana City Entertainment, Defendants, v. Paul Perez, Third-party-defendant. Dream Games of Arizona, Inc.; American Software Development Company, Inc., Plaintiffs-Appellants, v. PC Onsite; Casey Hagon, Defendants-Appellees, and Affordable Video Systems, Ltd.; Garland Pierce; Frank Diana City Entertainment, Defendants, v. Paul Perez, Third-party-defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2009.

Attorney(s) appearing for the Case

Ray K. Harris, Esq., Fennemore Craig, P.C., Phoenix, AZ, for defendants-appellants/appellees PC Onsite.

Marvin A. Glazer, Esq., Cahill, Von Hellens & Glazer P.L.C., Phoenix, AZ, for plaintiffs-appellees/appellants Dream Games of Arizona, Inc.

Before: WILLIAM C. CANBY, JR. and KIM McLANE WARDLAW, Circuit Judges, and RICHARD MILLS, District Judge.

WARDLAW, Circuit Judge:

Dream Games of Arizona ("Dream Games") prevailed in its lawsuit against PC Onsite for copyright infringement of "Fast Action Bingo," an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have been allowed to...

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