TRIAD SYSTEMS CORP. v. SOUTHEASTERN EXPRESS CO.

Nos. 94-15818, 95-15552.

64 F.3d 1330 (1995)

TRIAD SYSTEMS CORPORATION, a California corporation, Plaintiff, and Jeffrey J. Lederman; Michael J. Madison, Plaintiffs-Appellants, v. SOUTHEASTERN EXPRESS COMPANY, a Georgia de facto partnership, dba Southeastern Brokerage Company and dba Southeastern Systems, Defendants-Appellees. TRIAD SYSTEMS CORPORATION, a California corporation, Plaintiff-Appellee, v. SOUTHEASTERN EXPRESS COMPANY, a Georgia de facto partnership, dba Southeastern Brokerage Company and dba Southeastern Systems; Southeastern Express Systems, Inc., a Georgia corporation; George Barnes, an individual; Kevin Clar, an individual; and Gerry Wambolt, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1995.


Attorney(s) appearing for the Case

Mary A. Lehman, Gray Cary Ware & Freidenrich, San Diego, CA, for plaintiffs-appellants.

Daniel M. Wall, Charles S. Crompton, III, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for plaintiff-appellee.

Ronald S. Katz, Robert A. Christopher, Richard A. Jones, Coudert Brothers, San Jose, CA, for defendants-appellees, defendants-appellants.

Before: SNEED, CANBY, and FERNANDEZ, Circuit Judges.


SNEED, Circuit Judge:

Southeastern Express Company ("Southeastern") appeals the district court's grant of a preliminary injunction in favor of Triad Systems Corporation ("Triad"). The injunction followed a finding that Southeastern was infringing on Triad's software copyrights.1 The terms of the injunction substantially prohibit Southeastern from servicing Triad computer systems. In a consolidated...

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