United States Sixth Circuit

In a copyright and contract action brought by one of the largest providers of ATM equipment against defendant involving certain software it developed for ATM's, an order compelling the parties to arbitrate the claims is affirmed in part and reversed in part where: 1) one copyright infringement claim fell within the scope of an arbitration agreement; 2) however, another copyright infringement claim and contributory infringement claims were not arbitrable; 3) a tortious interference with contract claim was not arbitrable; 4) only one illegal importation claim was arbitrable; and 5) a common law unfair competition claim was arbitrable.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• Before:  KENNEDY, BATCHELDER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul R. Gupta, Orrick, Herrington & Sutcliffe, New York, New York, for Appellant.  Paul M. Fakler, Moses & Singer, New York, New York, for Appellee.   ON BRIEF:  Paul R. Gupta, Orrick, Herrington & Sutcliffe, New York, New York, John D. Luken, Joshua A. Lorentz, Dinsmore & Shohl, Cincinnati, Ohio, Clifford R. Michel, Mayer Brown, New York, New York, for Appellant.  Paul M. Fakler, Moses & Singer, New York, New York, William F. Patry, Thelen, Reid & Priest, New York, New York, for Appellee.