Facts

Defendant Anthony Kornrumpf settled claim for unauthorized sales of Academic version Adobe software. Thereafter, Adobe filed suit on claim for sale of OEM software separate from software with which it was originally licensed in violation of Adobe license terms.

PLAINTIFF'S CONTENTIONS:
Adobe contended that the settlement of original claim did not constitute an affirmative grant of license and that unauthorized sale of OEM constituted infringement of its copyrights.

DEFENDANT'S CONTENTIONS:
Defendants contended that the release of claims in original action constituted an implied grant of license to sell Adobe OEM and that such sales were in any event protected by the first sale doctrine.

Settlement Discussions

Defendant declined to offer any amount of settlement believing that their defenses constituted a complete defense for their actions.

Result

The court granted summary judgment in favor of Adobe on defendants' first sale defense on Feb. 1, 2012, and converted motion in limine on defense of release to motion for summary judgment, which was granted on June 15, 2011. Defendants stipulated to entry of judgment for actual damages of $721,344, and permanent injunction against sale of OEM software separate from hardware, with which software was originally licensed.

Other Information

FILING DATE: June 24, 2010.