BC TECHNICAL, INC., Plaintiff-Counter-Defendant-Appellee/Cross-Appellant, v. ENSIL INTERNATIONAL CORPORATION, a New York corporation, Defendant-Counter-Claimant-Appellant/Cross-Appellee., 464 Fed. Appx. 689

Summary

The jury found that defendant breached the contract by failing to repair damaged circuit boards and converted boards sent for repair by unreasonably refusing to return. Inter alia, the appellate court held that there was no evidence of specific intent to violate copyright law, so the contract did not demand prohibited conduct so as to be unenforceable under 17 U.S.C.S. § 506(a). The Utah theft statute as applied to copyrighted material was preempted. Once the contract was terminated, defendant had a duty to return plaintiff's property. Failure to do so was conversion. Substantial evidence showed that plaintiff requested the return of its circuit boards and the conditions imposed by defendant for their return were unreasonable. Considering the jury instructions as a whole, the jury was properly instructed. Defendant was neither unfairly prejudiced by the absence of a more specific instruction nor deprived of a relevant defense. The expert testimony on damages was proper. Because without...