United States Federal Circuit

In a copyright protection suit concerning computer software, judgment in favor of plaintiff is vacated where defendant's copying and use of plaintiff's diagnostic "maintenance code" software falls within the protection of section 117(c) of the Copyright Act.

Appellate Information

• Decided 08/24/2005
• Published 08/24/2005

Judges

• Before RADER, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Charles W. Steese, Steese & Evans, P.C., of Denver, Colorado, argued for plaintiff-appellee.   With him on the brief was Sandra L. Potter.   Of counsel on the brief were Michael D. Broaddus, Perkins Coie LLP, of Seattle, Washington, and Bobbee J. Musgrave, Musgrave & Theis, LLP, of Denver, Colorado.   Of counsel were Jerry A. Riedinger, Perkins Coie LLP, of Seattle, Washington, and Mark T. Wasden, of Washington, DC;  and Teresa L. Ashmore, Musgrave & Theis LLP, of Denver, Colorado., Dean L. Franklin, Thompson Coburn LLP, of St. Louis, Missouri, argued for defendants-appellants Custom Hardware Engineering & Consulting, Inc. and David York. Of counsel on the brief were Edwin G. Harvey and Nicholas B. Clifford, Jr., Simon Passanante, PC, of St. Louis, Missouri, and Anthony G. Simon., Joseph D. Steinfield, Prince, Lobel, Glovsky & Tye, LLP, of Boston, Massachusetts, for defendant-appellant David York.