Gillani Consulting Inc. v. Daewoo Heavy Industries America Corp.

MEMORANDUM **

Plaintiff-Appellant Gillani Consulting timely appeals the district court’s judgment, following a bench trial, in favor of Defendant-Appellee Daewoo Heavy Industries. Gillani, which had alleged beach of contract and copyright infringement, contends that the district court made incorrect factual findings and applied the wrong legal standards for waiver and estoppel. We affirm the judgment of the district court.

We review the district court’s findings of fact following a bench trial for clear error. Saltarelli v. Bob Baker Group Medical Trust, 35 F.3d 382, 384 (9th Cir.1994). We review questions of law, including questions of contract interpretation, de novo. See Milenbach v. Commissioner, 318 F.3d 924, 930 (9th Cir.2003).

1. The district court’s findings describing the 1999 meeting between Daewoo and Gillani’s predecessor, HK Systems, were not clearly erroneous. The district court found that during the 1999 meeting, HK’s representative told Daewoo that it could not assist Daewoo in its move of the software to an upgraded computer because it no longer supported the version running on Daewoo’s machines. The district court further found that HK was unable to supply…