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FAGAN HOLDINGS, INC. v. THINKWARE, INC.

Civil Action No. H-09-2388.

750 F.Supp.2d 820 (2010)

FAGAN HOLDINGS, INC., Plaintiff, v. THINKWARE, INC., Defendant.

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

November 2, 2010.

Attorney(s) appearing for the Case

Anthony Lee Icenogle, Icenogle & Sullivan, L.L.P., Austin, TX, for Plaintiff.

Kendall Verrett Shaw, Porter Wright Morris & Arthur LLP, Cincinnati, OH, Thomas Christopher Trent, Johnson, Trent, West & Taylor, L.L.P., Houston, TX, for Defendant.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court is the motion for summary judgment of Defendant Thinkware, Inc. (Doc. No. 17). For the following reasons, Defendant's Motion must be granted in part and denied in part.

I. FACTUAL BACKGROUND

Plaintiff Fagan Holdings, Inc.'s ("Fagan") purchase of a license to use Defendant Thinkware Inc.'s software and its subsequent software implementation are the basis...

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