MAI Systems Corp. v. UIPS

ORDER RE: MOTION TO DISMISS COUNTERCLAIM

CONTI, District Judge.

I. BACKGROUND AND INTRODUCTION

This matter is before the court on plaintiffs motion to dismiss a counterclaim. Plaintiff, MAI Systems Corporation (“MAI”), is a computer hardware and software manufacturer. Defendant, UIPS, is an independent service contractor engaged in the business of servicing and maintaining computers manufactured by MAI and others. Plaintiff alleges that UIPS has infringed its valid copyright in diagnostic software allegedly used by defendants in the unlicensed servicing of MAI computers.

Defendant has asserted a…