IBM Fails To Trim Actuate Suit Over Tivoli Software

Law360, New York (April 6, 2010, 6:05 PM EDT) -- A judge has denied IBM Corp.'s motion to dismiss claims in a suit brought by software developer Actuate Corp. that accuses the technology giant of infringing its copyright and violating a licensing agreement through the sale of IBM's Tivoli software.

Judge Joseph C. Spero of the U.S. District Court for the Northern District of California ruled Monday that Actuate's breach of contract claim should stand, as well as its claim that IBM illegally distributed Actuate access codes in violation of the Digital Millennium Copyright Act...
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