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MITEL, INC. v. IQTEL, INC.

No. 95-1394.

124 F.3d 1366 (1997)

MITEL, INC., a Delaware corporation, Plaintiff-Appellant, v. IQTEL, INC., a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 22, 1997.

Attorney(s) appearing for the Case

Eric C. Cohen, Welsh & Katz, Chicago, IL (Robert B. Breisblatt and Joseph R. Marcus, Welsh & Katz, Chicago, IL, and Carole K. Jeffery, Davis, Graham & Stubbs, Denver, CO, with him on the briefs), for Plaintiff-Appellant.

Dennis A. Graham (Robert R. Marshall, Jr., Harold R. Bruno, III, M. Gabriel McFarland, with him on the briefs), Hopper and Kanouff, Denver, CO, for Defendant-Appellee.

Before TACHA, GODBOLD, and HOLLOWAY, Circuit Judges.

TACHA, Circuit Judge.

INTRODUCTION

Plaintiff Mitel, Inc. ("Mitel") appeals the denial of its motion for a preliminary injunction in this action for copyright infringement. 17 U.S.C. § 502(a). At issue is the protectability of a set of four-digit numeric instructions known as "command codes." Mitel created these command codes to access the features of a piece of telecommunications hardware known as a call controller.

Mitel contends that the district...

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