GATES RUBBER CO. v. BANDO CHEMICAL INDUSTRIES, LTD.

No. 92-1256.

9 F.3d 823 (1993)

The GATES RUBBER COMPANY, a Colorado corporation, Plaintiff-Appellee, v. BANDO CHEMICAL INDUSTRIES, LIMITED, a Japanese corporation; Bando Manufacturing of America, Inc., a Kentucky corporation; Bando U.S.A., Inc., a Delaware corporation; Allen Hanano, Defendants, Bando American Inc., an Illinois corporation; Steven R. Piderit; Ron Newman; Denise Hanano, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 19, 1993.


Attorney(s) appearing for the Case

Shelley B. Don of Don & Hiller, Denver, CO (Earl S. Wylder and Watson W. Galleher of Don & Hiller, Denver, CO, and Jonathan Band and Bryan A. Schwartz of Morrison & Foerster, Washington, DC, on the brief), for defendants-appellants.

Rodger L. Wilson, Denver, CO (Karl J. Dakin, Englewood, CO, on the brief), for plaintiff-appellee.

Morton David Goldberg, June M. Besek, David O. Carson, Jesse M. Feder of Schwab Goldberg Price & Dannay, New York City and Arthur R. Miller, of counsel, Cambridge, MA, for amici curiae.

Peter M.C. Choy, Mountain View, CA, for amicus curiae.

Before BRORBY, BARRETT, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

The defendants appeal from the June 24, 1992, order of the district court in which it found that the defendants had infringed Gates' copyright on an engineering computer program and wrongfully misappropriated trade secrets. We conclude that the district court erroneously extended copyright protection to certain unprotectable elements of the computer program. We also conclude that the district court failed properly to determine the protectability...

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