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MICROSOFT CORP. v. ACTION SOFTWARE

No. 1:00CV00932.

136 F.Supp.2d 735 (2001)

MICROSOFT CORPORATION, Plaintiff, v. ACTION SOFTWARE, et al., Defendant.

United States District Court, N.D. Ohio, Eastern Division.

March 13, 2001.

Attorney(s) appearing for the Case

David C. Weiner, Elisabeth Welch Andrews, Michael J. Garvin, Hahn, Loeser & Parks, Cleveland, OH, Felicia J. Boyd, Faegre & Benson, Minneapolis, MN, Kathleen O. Peterson, Preston Gates & Ellis, Irvine, CA, Stephen Smith, Preston Gates & Ellis, Seattle, WA, for Microsoft Corp.

Christopher B. Fagan, Richard M. Klein, Steven M. Auvil, W. Scott Harders, Fay, Sharpe, Beall, Fagan, Minnich & McKee, Cleveland, OH, for Action Software, Alexander Belfer.

Alexander Belfer, Eastlake, OH, pro se.

MEMORANDUM & ORDER

O'MALLEY, District Judge.

Plaintiff, Microsoft Corporation, brings this action against defendant, Action Software, asserting claims for copyright and trademark infringement and common law and statutory unfair competition, and asking for damages, injunctive relief, a constructive trust and an accounting. In its counterclaim, Action Software seeks a declaratory judgment that defendant is not infringing Microsoft's copyright or...

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