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United States District Court for the Northern District of California
January 30, 1998, Decided ; February 2, 1998, Filed
NO. C 95-20710 RMW(PVT)
[**1828] ORDER GRANTING IN PART PLAINTIFF ADOBE'S MOTION FOR SUMMARY JUDGMENT ON COPYRIGHT CLAIMS, DENYING DEFENDANTS' CROSS-MOTION FOR SUMMARY ADJUDICATION ON COPYRIGHT CLAIMS, DENYING ADOBE'S MOTION FOR SUMMARY JUDGMENT ON PATENT CLAIMS, DENYING DEFENDANTS' COUNTER-MOTION FOR SUMMARY JUDGMENT ON PATENT CLAIMS AND DENYING THIRD-PARTY DEFENDANT ARES' MOTION FOR SUMMARY JUDGMENT
Plaintiff Adobe Systems Incorporated's ("Adobe's") motions for [*2] summary judgment, defendants Southern Software, Inc.'s ("SSI's"), The Learning Company's ("TLC's") and Paul King's ("King's") cross-motions for summary judgment and third-party defendant Ares Software Corporation's ("Ares'") motion for summary judgment were heard on June 11, 1997. The court has read the moving and responding papers and heard the oral argument of counsel. On May 30, 1997 at Adobe, the parties also presented a tutorial to assist the court. For the reasons set forth below, the court grants in part Adobe's motion for summary judgment on its copyright claims, 1 denies defendants' cross-motion for summary adjudication of issues on Adobe's copyright claims, denies Adobe's motion for summary judgment on its patent claims, denies defendants' countermotion on the patent claims and denies Ares' motion for summary judgment on the first amended third-party complaint.
[*3] I. BACKGROUND
A. Adobe's Complaint
In October 1995, plaintiff Adobe initiated this action for copyright infringement against defendants SSI and TLC (formerly known as Softkey International, Inc.). In its first amended complaint filed in June 1996, Adobe added patent infringement claims. In January 1997, Adobe filed its second amended complaint ("Complaint") adding defendant King. King is the sole officer, director and employee of SSI. King created software products for SSI which he then licensed to TLC. Adobe's Complaint contains three causes of action: (1) copyright infringement related to SSI's Key Fonts Pro product 1555, Key Fonts Pro product 2002 and Key Fonts Pro product 3003, (2) copyright infringement based on intermediate copying and (3) patent infringement related to six design patents.
Adobe alleges that King solicited copies of Adobe's programs from various sources, copied the programs onto his hard drive and altered the programs using commercially available font editing software tools contained in software programs known as FontMonger and Fontographer. Adobe contends that using this process King created his Key Fonts Pro 1555 product which infringes Adobe's [*4] copyright. Adobe further contends that SSI then used Key Fonts Pro 1555 to create Key Fonts Pro 2002 and 3003.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
1998 U.S. Dist. LEXIS 1941 *; 45 U.S.P.Q.2D (BNA) 1827 **; Copy. L. Rep. (CCH) P27,785
ADOBE SYSTEMS INCORPORATED, Plaintiff, v. SOUTHERN SOFTWARE, INC., et al., Defendants. SOUTHERN SOFTWARE, INC., Third-Party Plaintiff, v. ARES SOFTWARE CORPORATION, Third-Party Defendant.
Disposition: [*1] Adobe's motion for summary judgment on copyright infringement granted, defendants' cross-motion for copyright claims denied. Adobe's motion for summary judgment on patent claims denied, defendants' countermotion on patent claims denied, Ares' motion for summary judgment on third-party complaint denied.
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Civil Procedure, Summary Judgment, Supporting Materials, Discovery Materials, Burdens of Proof, General Overview, Movant Persuasion & Proof, Entitlement as Matter of Law, Genuine Disputes, Copyright Law, Copyright Infringement Actions, Civil Infringement Actions, Burdens of Proof, Elements, Copying by Defendants, Access, Copying by Defendants, Substantial Similarity, Protected Subject Matter, Limited Protection for Ideas, Computer & Internet Law, Intellectual Property Protection, Copyright Protection, Literary Works, Computer Programs, Scope of Copyright Protection, Subject Matter, Definition of Literary Work, Scope of Protection, Specific Subject Matter, Book Designs & Typefaces, Formalities & Ownership Interests, Characters, Civil Infringement, Online Infringement, Determinations, Presumptions, Business & Corporate Compliance, Patent Law, Infringement Actions, Design Patents, Patent Law, Design Patents, Defenses, Patent Invalidity, Presumption of Validity, Patent Protection, Subject Matter, Nonobviousness, Evidence, Fact & Law Issues, Anticipation & Novelty, Specifications, Enablement Requirement, Elements & Tests, Ordinary Skill Standard, Prior Art, Inferences & Presumptions, Statutory Bars, Public Use Bar, Prior Knowledge & Use of Invention, Public Health & Welfare Law, Disability Insurance & SSI Benefits, Judicial Review, Torts, Intentional Torts, Multiple Defendants, Contribution