Frye

MEMORANDUM **

Defendant Charles M. Frye appeals several aspects of the district court’s judgment against him following a jury trial on Plaintiff Excelsior College’s (“Excelsior”) claims of copyright infringement and trade secret misappropriation. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that the district court properly granted partial summary judgment in favor of Excelsior and did not abuse its discretion in ruling on the post-trial and pre-trial motions now challenged by Frye. We affirm.

The facts of the case are known to the parties, and we do not repeat them below.

Frye argues that the district court erred in granting partial summary judgment on Excelsior’s three claims of copyright infringement of its content guides. We review the district court’s grant of summary judgment de novo. See Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir.2004). We agree with the district court’s thorough analysis of Frye’s defenses in its May 8, 2006, order. The district court properly granted summary judgment after rejecting Frye’s defenses of merger, fair use, implied license and unclean hands.

Frye argues that the district court abused its discretion in…