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This section contains the nature of the case and procedural background.

D developed 'The Fair Market Coin Pricer,' which listed on his internet web page the retail prices of many coins. D used a computer program he developed to create retail prices from wholesale prices. The exact process is unclear, but D acknowledges using P's wholesale price lists. P publishes the Coin Dealer Newsletter, a weekly report of wholesale prices for collectible United States coins, as well as the Coin Dealer Newsletter Monthly Supplement and the CDN Quarterly. P's 'Greysheet' as it is known in the industry, includes prices for virtually all collectible coins and is used extensively by dealers. P discovered the existence of D's internet site and a list of current retail prices. P sued D alleging that D infringed P's copyrights by using P's wholesale prices as a baseline to arrive at retail prices. The parties filed cross-motions for summary judgment. The court ruled that P's 'prices are original creations, not uncopyrightable facts.' The court granted P's motion for summary judgment. D appealed.

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