Legal Opinion

Auburn University v. Publish International Business Machines, Corp.

District Court, M.D. Alabama

Decided April 23, 2012No. Case No. 3:09-CV-694-MEFPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

This cause is before the Court on Auburn’s opposed Motion to Amend/Correct its Pleadings to Add a Claim for Declaratory Judgment. (Doc. # 323.) Both parties have briefed this motion thoroughly, and the Court is fully apprised of the issues. For the reasons set out below, Auburn’s motion is due to be DENIED.

I. PROCEDURAL BACKGROUND

On December 20, 2011, this Court ordered (Doc. # 305) that IBM turn over to Auburn certain documents detailing the relationship between IBM and Sony regarding IBM software that, if used by Sony, would…

2Cases cited7 opinions

  1. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  2. Odessa Dee Hall v. United Insurance Co. of AmericaCourt of Appeals for the Eleventh Circuit · 2004
  3. Super Sack Manufacturing Corporation v. Chase Packaging CorporationCourt of Appeals for the Federal Circuit · 1995
  4. Benitec Australia, Ltd. v. Nucleonics, Inc.Court of Appeals for the Federal Circuit · 2007
  5. Arris Group, Inc. v. British Telecommunications PLCCourt of Appeals for the Federal Circuit · 2011

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