United States Ninth Circuit

In a declaratory judgment action against Autodesk, Inc. to establish that plaintiff's resales of Autodesk, Inc.'s AutoCAD Release 14 software did not infringe Autodesk’s copyright, summary judgment for plaintiff is reversed where, because plaintiff did not purchase the Release 14 copies from an owner, he could not invoke the first sale doctrine, and he also could not assert an essential step defense on behalf of his customers.

Appellate Information

• Decided 09/10/2010
• Published 09/10/2010

Judges

• Consuelo M. Callahan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerome B. Falk, Gregory A. Beck