Teradyne, Inc. v. Astronics Test Systems, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 30 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TERADYNE, INC., No. 24-239 D.C. No. Plaintiff - Appellant, 2:20-cv-02713-GW-SHK v.

MEMORANDUM*

ASTRONICS TEST SYSTEMS, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted January 16, 2025 San Francisco, California

Before: H.A. THOMAS and MENDOZA, Circuit Judges, and BOLTON, District Judge.**

Teradyne, Inc. appeals the district court’s grant of summary judgment to

Astronics Test Systems, Inc. after the district court found that Astronics’ copying

of Teradyne’s copyrighted software code (“Asserted Works”) constituted fair use.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a…