Meridian Project Systems, Inc. v. Hardin Construction Co.

Good Law

426 F. Supp. 2d 1101·2006 WL 903584·80 U.S.P.Q. 2d (BNA) 1141·2006 U.S. Dist. LEXIS 16751

United States District Court, Eastern District of CaliforniaApril 6, 2006CIVS04-2728 FCD DADCalifornia7,234 words

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on plaintiff Meridian Project Systems, Inc.’s (“Meridian”) motion for partial summary judgment on its claims of breach of contract and copyright infringement against defendant Hardin Construction Company, LLC (“Hardin”). Defendant Hardin opposes the motion. For the reasons set forth below, plaintiffs motion is GRANTED in part and DENIED in part.

BACKGROUND

Meridian is a software company that provides software solutions related to the management of physical infrastructure management and programs. (Def. Hardin’s Resp. to Pl.’s Statement of Undisputed Facts (“RUF”), filed Feb. 3, 2006, ¶ 1). One of Meridian’s primary products is a project management software called Pro log Manager (“Prolog”), which enables users to automate all aspects of the construction process, from project design to closeout. (RUF ¶¶ 2-3). Defendant Hardin is a construction company and customer of Meridian for the Prolog product. (RUF ¶ 16).

Starting in 1996, Hardin purchased licenses to use various versions of Prolog Manager. (RUF ¶ 17). As part of its standard practice and policy regarding the license and delivery of Prolog versions 5.1 and 6.0, Meridian…

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