Legal Opinion

The Gates Rubber Co. v. Bando Chemical Industries, Ltd.

Court of Appeals for the Tenth Circuit

Decided October 19, 1993No. 92-1256PublishedCited by 262 opinions

1Opinion of the Court

EBEL, Circuit Judge.

The defendants appeal from the June 24, 1992, order of the district court in which it found that the defendants had infringed Gates’ copyright on an engineering computer program and wrongfully misappropriated trade secrets. We conclude that the district court erroneously extended copyright protection to certain unproteetable elements of the computer program. We also conclude that the district court failed properly to determine the proteetability of many of the elements of Gates’ program which it found to have been copied by the defendants. Accordingly, we remand the…

2Cases cited43 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  3. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  4. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  5. Mazer v. SteinSupreme Court of the United States · 1954

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3Cited by262 opinions

  1. Gene S. Jacobsen, and Cross-Appellee v. Deseret Book Company, a Utah Corporation Dean Hughes, AndCourt of Appeals for the Tenth Circuit · 2002
  2. Computer Associates International, Inc. v. Altai, Inc.Texas Supreme Court · 1996
  3. Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
  4. Liberty American Insurance Group, Inc. v. Westpoint Underwriters, L.L.C.District Court, M.D. Florida · 2001
  5. Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994

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