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ESCHOLAR, LLC v. OTIS EDUCATIONAL SYSTEMS, INC.

No. 04 CIV. 4051(SCR).

387 F.Supp.2d 329 (2005)

ESCHOLAR, LLC, Plaintiff v. OTIS EDUCATIONAL SYSTEMS, INC., Defendant

United States District Court, S.D. New York.

March 29, 2005.

Attorney(s) appearing for the Case

Paul R. McMenamin, Esq., New York City, for Plaintiff.

Susan Poder MacFarlane, Holland & Knight LLP, New York City, for Defendant.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. Background

eScholar, LLC ("eScholar" or "Plaintiff") brought this action against Otis Educational Systems, Inc. ("Otis" or "Defendant") in May 2004, alleging two causes of action: 1) common law breach of contract; and 2) copyright infringement pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq. (the...

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