United States Fifth Circuit

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MGE UPS Sys., Inc. v. GE Csmr. & Indus. Inc., 08-10521

In plaintiff's appeal from the district court's Fed. R. Civ. P. 50(a) dismissal of its Digital Millennium Copyright Act (DMCA) claim, and defendants' cross-appeal from the damages and injunctive relief awarded against them, the order is affirmed in part where plaintiff failed to show that bypassing its "dongle" infringed a right protected by the Copyright Act, because the dongle merely prevented initial access to the software at issue. However, the order is reversed in part where: 1) the district court erred in denying defendant's Rule 50(a) motion on plaintiff's copyright infringement claims because plaintiff failed to show damages under section 504(b) of the Copyright Act; and 2) defendants did not have the burden of demonstrating which portions of their revenue were not attributable to plaintiff's state law unfair competition claims.

Appellate Information

  • Decided 07/20/2010
  • Published 07/21/2010


  • Emilio M. Garza


  • United States Fifth Circuit