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JUSTMED, INC. v. BYCE

No. 07-35861.

600 F.3d 1118 (2010)

JUSTMED, INC., Plaintiff-counter-defendant-Appellee, v. Michael BYCE, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2010.

Attorney(s) appearing for the Case

Shelly H. Cozakos, Perkins Coie LLP, Boise, ID, for the defendant-appellant.

Jed W. Manwaring, Evans Keane LLP, Boise, ID, for the plaintiff-appellee.

Before: B. FLETCHER, A. WALLACE TASHIMA, and SIDNEY R. THOMAS, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

At the heart of this case is a dispute over whether a small technology start-up company owns the source code developed for its product. Its informal employment practices raise questions as to whether defendant-appellant Michael Byce was an employee when he developed the source code. After a bench trial, the district court entered judgment and ordered a permanent injunction against Byce, in favor of plaintiff-appellee JustMed, Inc...

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