United States Fifth Circuit

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

In a copyright infringement action based on alleged misappropriation of power supply software code, partial judgment for plaintiff is affirmed where plaintiff did not show that defendant circumvented plaintiff's software protections in violation of the Digital Millennium Copyright Act. However, the judgment is reversed in part where: 1) plaintiff failed to show damages under section 504(b) of the Copyright Act; and 2) defendant did not have the burden of demonstrating which portions of defendant's revenue were not attributable to the state law claims.

Appellate Information

  • Decided 09/29/2010
  • Published 09/29/2010

Judges

  • Emilio M. Garza

Court

  • United States Fifth Circuit

Counsel