Ajaxo, Inc. v. Bank of America Technology & Operations, Inc.

ORDER

Pending are six motions for summary adjudication and/or summary judgment concerning Plaintiffs’ claims of copyright infringement. Plaintiffs Ajaxo, Inc. (“Ajaxo”) and K.C. Multimedia, Inc. (“KCM”) each seek summary adjudication on three of Defendant Bank of America’s affirmative defenses; and each Plaintiff seeks summary adjudication on its claims against Defendant Allen Tam (“Tam”). Bank of America seeks partial summary judgment on two claims, arguing they are time barred, and on Plaintiffs’ claims of continuing and ongoing copyright infringement of the source codes at issue in this litigation, arguing they are not substantially similar to Bank of America’s current code. Tam seeks summary judgment on all copyright infringement claims arguing they are all time barred.

BACKGROUND

In 1998, Bank of America entities entered into a contractual relationship with Sing Koo (“Koo”), the founder and principal of both Ajaxo and KCM, for the purpose of developing Bank of America’s online banking applications. (Simmons Deck, Ex. 1.) In November 2000, the parties agreed to extend the arrangement and entered into a second agreement, the “Technical Contract Labor Services Agreement.”…