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COMPAQ COMPUTER CORP. v. ERGONOME INC.

No. 01-20861.

387 F.3d 403 (2004)

COMPAQ COMPUTER CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. ERGONOME INCORPORATED, Defendant-Counter-Claimant-Appellant, Stephanie L. Brown; Thomas W. Mowrey, Defendants-Appellants. Ergonome Incorporated; et al., Plaintiffs, Ergonome Incorporated, Plaintiff-Appellant, v. Compaq Computer Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 2004.

Attorney(s) appearing for the Case

Michael O. Sutton (argued), S. Shawn Stephens, Matthew G. Reeves, Locke, Liddell & Sapp, Houston, TX, David Nimmer, Elliot Brown, Wendy Marantz Levine, Irell & Manella, Los Angeles, CA, for Compaq Computer Corp.

Parker H. Bagley (argued), Milbank, Tweed, Hadley & McCloy, New York City, for Defendants-Appellants.

Before JONES, DENNIS and PICKERING, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case arises from Ergonome's claim that Compaq's Safety and Comfort Guide ("SCG") unlawfully infringed on a copyright held by Ergonome in Preventing Computer Injury: The HAND Book ("THB"), a teaching text describing ergonomically correct hand positions for computer users and ways to avoid repetitive stress injuries. On July 11, 2001, after a seven-day trial, the jury concluded that any copying by Compaq...

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