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SITUATION MANAGEMENT SYSTEMS, INC. v. ASP. CONSULTING LLC

Nos. 08-1543, 08-1585.

560 F.3d 53 (2009)

SITUATION MANAGEMENT SYSTEMS, INC., Plaintiff, Appellant/Cross-Appellee, v. ASP. CONSULTING LLC, Defendant, Appellee/Cross-Appellant, ASP. Consulting Group, Defendant.

United States Court of Appeals, First Circuit.

Decided March 19, 2009.

Attorney(s) appearing for the Case

William F. Dolan with whom Jones Day, Ryan C. Siden, and Siden & Associates, P.C. were on brief for appellant/cross-appellee.

Evan Fray-Witzer and Law Office of Evan Fray-Witzer on brief for the Association of Learning Providers and Blanchard Training and Development, Inc., amici curiae.

James J. Foster with whom Wolf, Greenfield & Sacks, P.C. was on brief for appellee/cross-appellant.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

The plaintiff consulting company, as part of its services to domestic and international clients, uses copyrighted training materials of several hundred pages geared toward teaching techniques for effective communication and negotiation within the workplace. It sued a competitor saying that the competitor had copied and used training materials substantially similar to plaintiff's in violation of the copyright...

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