Ross
Ashton-Tate Corp. v. Ross
Opinion
Opinion
Jensen, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff’s Motion for Summary Judgment was heard by the Court on January 25, 1989. Appearing for plaintiff Ashton-Tate Corporation were Cynthia C. Cannady and Leslie A. Fithian of Fenwick, Davis and West. Appearing for defendants Richard A. Ross and Bravo Technologies were Paul N. McCloskey and Fenn C. Horton, III.
This action involves a computer spreadsheet program, “Full Impact”, which plaintiff developed and is currently marketing, and which defendants allege infringes upon their proprietary interests under intellectual property, contract and tort theories.
Prior to the public introduction of Full Impact, defendant Ross demanded compensation from plaintiff based on his claim of contribution to the development of the program. In response to defendants’ demands, plaintiff filed the present action for declaratory relief. Plaintiff requests that the Court declare that: (1) plaintiff owns all the existing copyright interest in Full Impact; (2) Full Impact does not infringe upon existing copyrights; (3) plaintiff did not misappropriate or use defendants’ trade secrets in the development of Full Impact; and (4) plaintiff has…