Legal Opinion

GlobeRanger Corporation v. Software AG

Court of Appeals for the Fifth Circuit

Decided August 17, 2012No. 11-10939PublishedCited by 33 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

GlobeRanger alleged a number of Texas claims against a group of software companies in state court. The defendants removed the suit to federal court and obtained a dismissal from the district court on the basis that all of GlobeRanger’s claims were preempted by the Copyright Act. Because GlobeRanger plausibly pled more than copying of a tangible medium of expression, dismissing the case at this stage of the litigation was in error. We REVERSE and REMAND.

FACTUAL AND PROCEDURAL BACKGROUND

The plaintiff GlobeRanger developed a passive radio frequency…

2Cases cited13 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
  3. Turner v. PleasantCourt of Appeals for the Fifth Circuit · 2011
  4. New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
  5. Alcatel Usa, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Dgi Technologies, Inc., Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1999

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3Cited by33 opinions

  1. Mitchell v. Advanced HCSCourt of Appeals for the Fifth Circuit · 2022
  2. Spear Marketing, Incorporated v. BancorpSouth BankCourt of Appeals for the Fifth Circuit · 2015
  3. Globeranger Corp. v. Software AG United States of America, Inc.Court of Appeals for the Fifth Circuit · 2016
  4. Spear Marketing, Incorporated v. BancorpSouth BankCourt of Appeals for the Fifth Circuit · 2016
  5. American K-9 Detection Services, LLC and Hill Country Dog Center, Llc v. Latasha FreemanTexas Supreme Court · 2018

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