The testimony was properly excluded—and without it, the software company could not prevail on its copyright claims.
A Detroit federal court correctly found that a software designer moved too late to introduce expert testimony supporting the copyrightability of its source code, the U.S. Court of Appeals for the Sixth Circuit has held. The court, in affirming the district court’s grant of summary judgment to two companies accused of purloining the software designer’s product, also agreed with the district court that without that expert testimony, the company could not show which lines of its code resulted from expressive, as opposed to purely functional, considerations (RJ Control Consultants, Inc. v. Multiject, LLC, April 3, 2024, Mathis, A.).
Case date: 03 April 2024
Case number: No. 23-1591
Court: United States Court of Appeals, Sixth Circuit
A full summary of this case has been published on Kluwer IP Law
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