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COMPAQ COMPUTER CORP. v. ERGONOME INC.

Nos. CIV.A.H-97-1026, CIV.A.H-98-3159.

210 F.Supp.2d 845 (2002)

COMPAQ COMPUTER CORPORATION Plaintiff v. ERGONOME, INC., Stephanie L. Brown and Thomas Mowrey, Defendants

United States District Court, S.D. Texas, Houston Division.

April 1, 2002.

Attorney(s) appearing for the Case

Michael O. Sutton, Locke Liddell et al., Houston, TX, for Compaq Computer Corp.

Arnold Anderson Vickery, Arnold Anderson et al., Houston, TX, Paul F. Waldner, III, Waldner & Assoc., Houston, TX, Martin R. Gold, Rubinbaum et al., New York City, Charles K. Kebodeaux, Beaumont, TX, Stephen M. Kramarsky, Thomas E.L. Dewey, Dewey Pegno et al., New York City, for Ergonome, Inc., Stephanie L. Brown, Thomas W. Mowrey.

Richard P. Keeton, Mayor Day Caldwell & Keeton, Houston, TX, for Gold Farrell & Marks.

Kent Arlan Rowald, Bracewell & Patterson, Houston, TX, for Vaden Eickenroht & Thompson, LLP, Felsman Bradley Vaden Gunter Dillon, LLP.

Kent Arlan Rowald, Houston, TX, pro se.

FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING LACHES AND EQUITABLE ESTOPPEL

HARMON, District Judge.

In these consolidated actions, the Defendants have asserted that Compaq Computer Corporation ("Compaq") infringed certain limited components of their copyright in the HAND Book. The jury found that any copying was de minimis and that Compaq was entitled to the fair use defense. In addition, Compaq has asserted the defenses of laches and equitable...

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