« Ind. Decisions - Transfer list for week ending September 15, 2006 | Main | Ind. Decisions - "East Chicago can't can trash firm" »

Friday, September 15, 2006

Ind. Decisions - 7th Circuit issues one today, and it is an Indiana case

In Automation by Design v. Rayasbestos (John Daniel Tinder, Judge), a 24-page, 2-1 opinion, Circuit Judge Rovner writes:

In this copyright infringement dispute, Automation by Design, Inc. (ABD) alleges that Raybestos Products Company, a wholly owned subsidiary of Raytech Corp., (together “Raybestos” or “RPC”) infringed on its copyright and breached their agreement when it hired Production Design Services, Inc. (PDSI) to build a duplicate machine of one that ABD had designed and built for Raybestos several years earlier. Because we find that Raybestos did not violate the terms of the license agreement, we affirm the decision of the district court granting summary judgment and declaratory judgment in favor of the defendants, Raybestos and PDSI. * * *

[Circuit Judge Kanne's dissent begins on p. 21] KANNE, Circuit Judge, dissenting. I am in substantial agreement with the thorough legal analysis of the majority, but the procedural approach required for a grant of summary judgment causes me to conclude that a reversal and remand is the proper course. Briefly, the following is my reasoning.

Posted by Marcia Oddi on September 15, 2006 04:45 PM
Posted to Ind. (7th Cir.) Decisions