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ADVENT SYSTEMS LTD. v. UNISYS CORP.

Nos. 90-1069, 90-1070.

925 F.2d 670 (1991)

ADVENT SYSTEMS LIMITED, Appellant in No. 90-1069, v. UNISYS CORPORATION, Appellant in No. 90-1070.

United States Court of Appeals, Third Circuit.

Decided February 14, 1991.

Rehearing and Rehearing Denied March 18, 1991.

Attorney(s) appearing for the Case

Tom P. Monteverde (argued), John M. Myers, Jean C. Hemphill, Cynthia Ruggerio, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for appellant Advent Systems Ltd.

Scott D. Patterson (argued), Michael R. Lastowski, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for appellant Unisys Corp.

Before STAPLETON, COWEN, and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 18, 1991.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case we conclude that computer software is a good within the Uniform Commercial Code; in the circumstances here a non-exclusive requirements contract complies with the statute of frauds; and expert testimony on future lost profits based on prior projections is suspect when actual market performance data are available. Because the district...

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