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DATASTORM TECH., INC. v. EXCALIBUR COMMUNICATIONS

No. C-95-20088 RPA (PVT).

888 F.Supp. 112 (1995)

DATASTORM TECHNOLOGIES, INC., Plaintiff, v. EXCALIBUR COMMUNICATIONS, INC., Defendant.

United States District Court, N.D. California.

June 7, 1995.

Attorney(s) appearing for the Case

G. Gervaise Davis III, Davis & Schroeder, Monterey, CA.

Joshua Tropper, Greene, Chauvel & Descalso, San Mateo, CA.

Frank J. Catalano, Catalano, Zingerman & Associates, Tulsa, OK.

ORDER DENYING EXCALIBUR'S MOTION TO DISMISS

AGUILAR, District Judge.

Datastorm Technologies, Inc. ("Datastorm") alleges in this lawsuit that Excalibur Communications, Inc. ("Excalibur") has infringed its copyright in the PROCOMM PLUS for Windows, Version 1.0 software program ("PROCOMM PLUS") in violation of 17 U.S.C. § 106. Specifically, Datastorm alleges that Excalibur copied the "WMODEMS.DAT" file from the PROCOMM PLUS program. Excalibur now moves...

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