GLOBERANGER CORPORATION, Plaintiff - Appellee v. SOFTWARE AG UNITED STATES OF AMERICA, INCORPORATED; SOFTWARE AG, INCORPORATED, Defendants - Appellants, 836 F.3d 477

Summary

HOLDINGS: [1]-A technology company's claim of misappropriation of trade secrets by a competitor under state law was not preempted by federal copyright law since the competitor, in addition to copying, communicating, and transmitting the company's software as a successor to the company under a government contract, also engaged in the additional element under state law of obtaining the information by a breach of a confidential relationship or other improper means; [2]-Federal jurisdiction was proper since the company alleged conversion of intellectual property which was preempted, even though the claim was subsequently dismissed voluntarily; [3]-The competitor's use of the company's software was not a lawful acquisition of the government's rights in the company's intellectual property since the commercial computer software was subject to normal licensing terms.