United States Ninth Circuit

In a copyright infringement and trade secret action claiming that defendant misappropriated a software program used on plaintiff's digital audio larynx device, judgment for plaintiff is affirmed in part where the district court did not err in finding that defendant was an employee of plaintiff when he worked on the program, and thus the program was a work for hire for copyright purposes. However, the judgment is reversed in part where the district court's finding that defendant disclosed part of the source code to the Copyright Office was insufficient to hold defendant liable for misappropriation under a disclosure theory.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

Court

• United States Ninth Circuit

Counsel