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FONAR CORP. v. DOMENICK

No. 699, Docket 96-7919.

105 F.3d 99 (1997)

FONAR CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. Robert DOMENICK, Magnetic Resonance Plus, Inc., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 21, 1997.

Attorney(s) appearing for the Case

Steven L. Holley, New York City (D. Stuart Meiklejohn, Marc De Leeuw, Sullivan & Cromwell, New York City, on the brief), for Plaintiff-Counter-Defendant-Appellant.

Ronald S. Katz, San Francisco, CA (Janet Arnold Hart, Coudert Brothers, San Francisco, CA, Stephen M. Hudspeth, Lateef Mtima, Coudert Brothers, New York City, on the brief), for Defendants-Counter-Claimants-Appellees.

Before: VAN GRAAFEILAND, JACOBS and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

Appellant Fonar Corporation ("Fonar"), a manufacturer of magnetic resonance imaging ("MRI") scanners, has created software that Fonar's service people use to maintain the machines in good working order. Fonar alleges that Magnetic Resonance Plus ("MR Plus"), a company that services and maintains MRIs, has committed copyright infringement (and otherwise violated Fonar's rights) by using Fonar's software to service Fonar-manufactured MRIs. It...

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