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BERKLA v. COREL CORP.

Nos. 00-15166, 00-15350, 00-15508.

290 F.3d 983 (2002)

Dennis BERKLA; Dennis Berkla, dba Digarts Software, Plaintiffs-Appellants, v. COREL CORPORATION, a Canadian corporation, Defendant-Appellee, and Corel Corporation (USA) Inc., Defendant. Dennis Berkla, dba Digarts Software, Plaintiff-Appellant, v. Corel Corporation, a Canadian corporation; Corel Corporation (USA) Inc., Defendants-Appellees. Dennis Berkla, dba Digarts Software, Plaintiff-Appellee, v. Corel Corporation, a Canadian corporation; Corel Corporation (USA) Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2002.

Attorney(s) appearing for the Case

James E. Houpt, Orrick, Herrington & Sutcliffe LLP, Sacramento, CA, for Dennis Berkla.

Bradford C. Lewis and Patrick Eugene Premo, Fenwick & West LLP, Palo Alto, CA, for Corel Corporation and Corel Corporation (USA) Inc.

Before HUG and TASHIMA, Circuit Judges, and SEDWICK, District Judge.

Opinion by Judge TASHIMA; partial Concurrence and Partial Dissent by Judge SEDWICK.

OPINION

TASHIMA, Circuit Judge:

Dennis Berkla designs electronic databases that allow users to create realistic images of natural settings on the computer screen. In 1997, Berkla contacted Corel Corporation ("Corel") and they initiated discussions about the possibility of Corel licensing Berkla's image file databases for inclusion in upcoming versions of Corel's software...

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