Beijing Zhongyi Zhongbiao Electronic Information Technology Co. v. Microsoft Corp.

MEMORANDUM

Beijing Zhongyi Zhongbiao Electronic Information Technology Co. Ltd. (“Zhon-gyi”) sued Microsoft Corporation (“Microsoft”) alleging copyright infringement. The district court dismissed the complaint and Zhongyi appeals. We have jurisdiction, 28 U.S.C. § 1291 , and affirm.

Zhongyi argues that the district court erred by finding that the license agreement between Zhongyi and Microsoft included a license to use Zhongyi’s fonts in operating systems released after Windows 95. We disagree. The agreement’s terms granted Microsoft a “perpetual” license to use the fonts in “any” Microsoft software product.

Nor did the district court err by refusing to look to memoranda of understanding between Microsoft and the Chinese government as extrinsic evidence of a limitation on these broad contract terms. Washington law does not permit a contracting party to use extrinsic evidence to add a new extra-contractual limitation to a contract. See Hearst Commc’ns, Inc. v. Seattle Times Co., 154 Wash.2d 493 , 115 P.3d 262, 267 (2005) (en banc).

Zhongyi also argues that the district court erred by failing to grant Zhongyi leave to amend to assert that the Chinese-language versions of the…