United States Ninth Circuit

In a software copyright and trade secret case, summary judgment for defendant on the grounds of an implied license to retain, use and modify the software was affirmed where: 1) defendant requested creation of the software programs; 2) plaintiff created the programs for defendant and delivered them to defendant by installing them on defendants' computers and storing source code for the programs on defendant's premises; and 3) defendant manifested an intent that plaintiff would maintain and modify the programs.

Appellate Information

• Argued 07/18/2008
• Decided 09/09/2008
• Published 09/09/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  BARRY G. SILVERMAN, JOHNNIE B. RAWLINSON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Todd A. Moore, San Diego, CA, for the defendant-counter-claimant-appellant., John Morris and Phillip C. Samouris, Higgs, Fletcher & Mack LLP, San Diego, CA, for the plaintiff-counter-defendant-appellee.