R.W. Beck, Inc. v. E3 Consulting, LLC, No. 08-1344 - U.S. Tenth Circuit
U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

R.W. Beck, Inc. v. E3 Consulting, LLC, No. 08-1344

In a copyright infringement action based on Defendant's alleged copying of Plaintiff's independent-engineer reports, summary judgment for Defendant is affirmed in part, where Plaintiff's state-law claims were preempted by the Copyright Act; but reversed in part, where Plaintiff created genuine disputes of material fact by presenting evidence that: 1) Plaintiff did not take the language in its copyrighted reports from a third-party report; and 2) the copyrighted reports derived their language from earlier, nonpublic reports prepared by Plaintiff.

Read R.W. Beck, Inc. v. E3 Consulting, LLC, No. 08-1344

Appellate Information

Filed August 14, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Natalie Hanlon-Leh, Faegre & Benson LLP, Denver, CO

Mary V. Sooter, Faegre & Benson LLP, Denver, CO

For Appellee:

Benjamin B. Lieb, Sheridan Ross P.C., Denver, CO

Ian R. Walsworth, Sheridan Ross P.C., Denver, CO