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BIBBERO SYSTEMS, INC. v. COLWELL SYSTEMS, INC.

Nos. 88-1925, 88-2440.

893 F.2d 1104 (1990)

BIBBERO SYSTEMS, INC., a California corporation, Plaintiff-Appellant-Cross-Appellee, v. COLWELL SYSTEMS, INC., a Delaware corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1990.

As Amended on Denial of Rehearing February 20, 1990.

Attorney(s) appearing for the Case

Anthony B. Diepenbrock, Katherine C. Spellman, John A. Hughes, San Francisco, Cal., for plaintiff-appellant-cross-appellee Bibbero Systems, Inc.

Matthew D. Powers, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee-cross-appellant Colwell Systems, Inc.

Before GOODWIN, Chief Judge, PREGERSON and REINHARDT, Circuit Judges.

GOODWIN, Chief Judge:

This case requires us to examine the scope of the blank forms rule, 37 C.F.R. § 202.1(c) (1982), which provides that blank forms are not copyrightable. Plaintiff Bibbero Systems, Inc. (Bibbero) contends that Colwell Systems, Inc. (Colwell) infringed upon its copyright by duplicating its medical insurance claim form. The district court granted summary judgment to Colwell, finding that the billing form was an uncopyrightable blank form designed...

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