Berry

MEMORANDUM *

ORDER

Appeals no. 06-16199, 07-15447, 07-15587, and 07-15588 are hereby consolidated for disposition.

Wayne Berry (Berry) appeals the district court’s summary judgment in favor of defendants-appellees 1 on his claims for copyright infringement, trade secret misappropriation, and violations of both the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Sherman Act. He also appeals the district court’s denial of his request for a continuance, and motions for relief from judgment under Rule 60(a) of the Federal Rules of Civil Procedure, permanent injunctive relief, and attorneys’ fees. Post Confirmation Trust and former employees of Fleming 2 appeal the district court’s denial of their requests for attorneys’ fees. We affirm.

Willfulness

Berry failed to raise a triable issue of material fact that any copyright infringement by defendants was committed “willfully” for purposes of 17 U.S.C. § 504 (c)(2). The record supports the district court’s conclusion that Fleming’s former employees reasonably believed that they were acting within the scope of their agreement with Berry when they attempted to revert to the licensed version of Berry’s Freight Control…