Fed. Circ. Panel Iffy On Reviving SAS Software Copyright Suit

By Britain Eakin (January 13, 2022, 7:01 PM EST) -- A Federal Circuit panel appeared leery Thursday of SAS Institute Inc.'s argument that a Texas federal judge wrongly dismissed its copyright suit against World Programming Ltd. before a jury could decide if any copying had occurred.

During a telephone hearing, the panel mulled SAS' appeal of U.S. District Judge Rodney Gilstrap's October 2020 decision permanently dismissing SAS' suit following a "copyrightability" hearing, after which the judge determined the statistical analysis software SAS accused WPL of infringing wasn't shown to be copyrightable. The case is being closely watched as a follow-up to the U.S. Supreme Court's decision last year in Google LLC...

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