BV Engineering v. Univ. of Cal., Los Angeles

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING ACTION

BV Engineering, a business name for Bert van den Berg, plaintiff, who manufacturers and sells computer software products, brought this action against the Regents of the University of California (“Regents”) for copyright infringement, trademark infringement, and breach of contract. Pursuant to stipulation, the suit was restricted to seven counts of copyright infringement under the Copyright Laws of the United States, 17 U.S.C. §§ 101 , et. seq. Plaintiff’s complaint alleges that the defendant illegally copied seven of plaintiff’s copyrighted software programs and associated documents and seeks damages therefor under the Copyright Laws.

Both parties have moved for summary judgment. Defendant Regents’ motion is based on various grounds, including a claim that defendant is entitled to immunity from suit in this context under the Eleventh Amendment. Since the Court finds that the sovereign immunity doctrine associated with the Eleventh Amendment applies to defendant Regents in this case, the Court does not reach the remaining issues posed by the parties on their cross motions for summary judgment.

The Board…