Legal Opinion

Globeranger Corp. v. Software AG United States of America, Inc.

Court of Appeals for the Fifth Circuit

Decided September 7, 2016No. 15-10121PublishedCited by 58 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

Software maker GlobeRanger obtained a $15 million judgment in a trade secret misappropriation trial against competitor Software AG. Software AG challenges that result on a number of grounds, but its principal argument is that GlobeRanger finds itself in a jurisdictional Catch-22. It argues that GlobeRanger’s trade secret claim is preempted by federal copyright law, but if not, then the result is no federal claim to support jurisdiction. Because we find that the trade secret claim is not preempted but that a dismissed conversion claim was preempted and supports…

2Cases cited60 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
  3. George Acri v. Varian Associates, Inc.Court of Appeals for the Ninth Circuit · 1997
  4. Weeks v. AngeloneSupreme Court of the United States · 2000
  5. Pullman Co. v. JenkinsSupreme Court of the United States · 1939

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3Cited by58 opinions

  1. Newman v. Plains All Amer PipelCourt of Appeals for the Fifth Circuit · 2022
  2. Motion Medical Technologies, L.L.C. v. Thermotek, Inc.Court of Appeals for the Fifth Circuit · 2017
  3. E.J. Brooks Co. v. Cambridge Sec. SealsNew York Court of Appeals · 2018
  4. Moss v. PrincipCourt of Appeals for the Fifth Circuit · 2019
  5. PPG Industries Inc v. Jiangsu Tie Mao Glass Co LtdCourt of Appeals for the Third Circuit · 2022

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