nudecanada, did you read the docs you posted?
from your document:
ALS Scan did not provide RemarQ with such notice in this case. Indeed, the complaint it filed in this action did not specifically identify either the infringed works or the allegedly infringing works. Thus, ALS Scan has failed to meet the knowledge element of its claim
and then again a year later the decision was:
Accordingly, for the reasons given, we reverse the district court's decision to grant summary judgment in favor of RemarQ, affirm the district court's decision not to grant summary judgment in favor of ALS Scan, and remand this case for further proceedings consistent with this opinion.
http://laws.lp.findlaw.com/4th/001351.html