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PERVASIVE SOFTWARE INC. v. LEXWARE GMBH & CO. KG

No. 11-50097.

688 F.3d 214 (2012)

PERVASIVE SOFTWARE, INC., Plaintiff-Appellant, v. LEXWARE GMBH & COMPANY KG, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2012.

Attorney(s) appearing for the Case

Brendan Donald Cook (argued), Andrew Clark Biberstein , Baker & McKenzie, L.L.P., Houston, TX, for Plaintiff-Appellant.

Samuel Eugene Stubbs (argued), Rodney Jack Reynolds , Pillsbury, Winthrop, Shaw, Pittman, L.L.P., Houston, TX, for Defendant-Appellee.

Before DENNIS, CLEMENT and HIGGINSON, Circuit Judges.

DENNIS, Circuit Judge:

The plaintiff-appellant, Pervasive Software Inc. ("Pervasive"), a Delaware corporation having its principal office in Austin, Texas, sued defendant-appellee, Lexware GmbH & Co. Kg ("Lexware"), a corporation organized under the laws of the Federal Republic of Germany, for damages and injunctive relief on the basis of breach of contract, quantum meruit, unjust enrichment, and conversion in a Texas state court. Lexware removed the case to the...

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