Apollo Group, Inc. v. Avnet, Inc.

O’SCANNLAIN, Circuit Judge:

“We are told that Contract, like God, is dead.”1 In this computer age case, we learn that Contract, at least, is very much alive and well in the Ninth Circuit.

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Apollo Group, Inc. (“Apollo”) purchased software from Oracle Corporation (“Oracle”), a software vendor. Apollo’s purchase included both a database system and Oracle Finan-cials, an accounting software package. Apollo then sought to purchase an appropriate computer system to run the software. To this end, Apollo contacted Avnet, Inc. (“Av-net”), a distributor of Digital Equipment Corporation computer products.

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