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NETWORK AUTOMATION, INC. v. ADVANCED SYSTEMS CONCEPTS, INC.

No. 10-55840.

638 F.3d 1137 (2011)

NETWORK AUTOMATION, INC., a California Corporation, Plaintiff-counter-defendant-Appellant, v. ADVANCED SYSTEMS CONCEPTS, INC., a New Jersey Corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2011.

Attorney(s) appearing for the Case

Courtney L. Stuart-Alban (argued), Brent H. Blakely, Blakely Law Group, Hollywood, CA, for the plaintiff-appellant.

James E. Doroshow (argued), Fox Rothschild LLP, Los Angeles, CA, for the defendant-appellee.

Before: STEPHEN S. TROTT and KIM McLANE WARDLAW, Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

OPINION

WARDLAW, Circuit Judge:

"We must be acutely aware of excessive rigidity when applying the law in the Internet context; emerging technologies require a flexible approach." Brookfield Commc'ns, Inc. v. West Coast Entm't Corp., 174 F.3d 1036, 1054 (9th Cir.1999).

Network Automation ("Network") and Advanced Systems Concepts ("Systems") are both in...

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