GLOBERANGER CORPORATION, Plaintiff-Appellant v. SOFTWARE AG; SOFTWARE AG UNITED STATES OF AMERICA, INCORPORATED; SOFTWARE AG, INCORPORATED; NANIQ SYSTEMS, L.L.C.; MAIN SAIL, L.L.C., Defendants-Appellees, 691 F.3d 702

Summary

The developer claimed that the companies had misappropriated the developer's passive radio frequency identification (RFID) system technology, causing the developer to lose a bid on a Navy contract. The companies removed the suit based on complete preemption by the Copyright Act. The court of appeals held that the Copyright Act, 17 U.S.C.S. § 301(a), completely preempted the substantive field. However, the developer pleaded factual allegations that fell at least in part outside the scope of copyright; although the allegations included copying of specific copyrightable expressions, the developer also alleged copying of its business practices that were not necessarily limited to specific expressions. The developer claimed that it implemented RFID solutions at client sites, and those solutions included procedures, processes, systems, and methods of operation that were excluded from copyright protection under 17 U.S.C.S. § 102(b). Because the companies had argued a sufficient basis for ...