COMPUWARE CORP v IBM CORP - Legal Case Documents


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COMPUWARE CORP v IBM CORP

Keywords & Phrases

CaseNo: CCVIC128377, CourtName: MISC 2, Plaintiff: COMPUWARE CORP, State: MI Michigan, UniqueCaseRef: LCD>CCVIC128377, Mainframe Software Tools, Ibm, Compuware, Mainframe Computers, Competition, Sales, File Manager, Fault, Monopoly Power, Customers, Operating Systems, Market, Alleges, Data Management, Ibm Global Services, Technology, Isvs, Trade Secrets, Source Code, Purchasers, Infringement, Misappropriation, Competing Products, Relevant Market, Cics, Service Outsourcing, Antitrust Laws, Monopoly Leveraging, Cobol , ContentID: 120252023

Case Documents

2002-03-01

COMPLAINT
[ see first page and extracted highlights below ] ItemID: 126612

53 pages
PDF

Total Documents: 1 document , 53 pages

Price: $ 19.95

IVESLCD01 KGI0001

1 . COMPLAINT

EXTRACTED KEY WORDS

IBM
COMPUWARE
MAINFRAME COMPUTERS
COMPETITION
SALES
BUSINESS
FILE MANAGER
FAULT
MONOPOLY POWER
CUSTOMERS
OPERATING SYSTEMS
MARKET
ALLEGES
DATA MANAGEMENT
IBM GLOBAL SERVICES
TECHNOLOGY
ISVS
TRADE SECRETS
SOURCE CODE
PURCHASERS
INFRINGEMENT
MISAPPROPRIATION
COMPETING PRODUCTS
RELEVANT MARKET
CICS
SERVICE OUTSOURCING
ANTITRUST LAWS
MONOPOLY LEVERAGING
COBOL

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                               IN  THE  UNITED  STATES  DISTRICT  COURT
                              FOR  THE  EASTERN  DISTRICT  OF MICHIGAN

COMPUWARE  CORPORATION,
a Michigan  corporation,

            Plaintiff,                                            Case No.  02-70906

                      V.                                          Hon.  George  Caram  Steeh
                                                                  Magistrate  Judge  Cape1
INTERNATIONAL                BUSINESS
MACHINES  CORPORATION,
a Delaware  corporation,

            Defendant.

                                                   DANIEL  JOHNSON  (CSB No.  57,409)
                                                   STUART  MEYER  (CSB No.  136,394)
                                                   FENWICK  &  WEST  LLP
                                                   Two  Palo Alto  Square
                                                   Palo Alto,  CA  94306
                                                   Telephone:        (650)  494-0600
                                                   Facsimile:        (650)  494-1417
                                                   Attorneys  for  Plaintiff

                                                   DAVID  A. ETTINGER  (P26537)
                                                   HONIGMAN  MILLER  SCHWARTZ  AND
                                                   COHN,  LLP
                                                   2290  First National  Building
                                                   660 Woodward  Avenue
                                                   Detroit,  MI  48226-3583
                                                   Telephone:  (3 13) 465-7368
                                                   Facsimile:  (3 13) 465-7369
                                                   Attorneys for  Plaintiff


       COMPLAINT             FOR  COPYRIGHT  INFRINGEMENT,             MISAPPROPRIATION           
        TRADE  SECRETS,  INTENTIONAL              INTERFERENCE           WITH  CONTRACTUAL
      RELATIONS,  UNLAWFUL  TYING,  MONOPOLY  LEVERAGING,  ATTEMPTED
               MONOPOLIZATION,            TORTIOUS  INTERFERENCE                WITH  BUSINESS
        EXPECTANCY,  UNFAIR  COMPETITION                 AND  UNFAIR  TRADE  PRACTICES

                                     DEMAND  FOR  JURY  TRIAL

SNIPPETS:

RELATIONS, UNLAWFUL TYING, MONOPOLY LEVERAGING, ATTEMPTED

Now comes Plaintiff Compuware Corporation,

against Defendant International Business Machines Corporation, and alleges as follows:

IBM has copied and misappropriated portions

and wrongfully used Compuware's technology to

develop competing products, including, among other things, File Manager.

IBM is also using its monopoly power in the sale of mainframe computers and

tying the licensing of its monopoly software to mainframe software tools licensed in

misappropriation of trade secrets and intentional interference with contractual relations,

volumes of products contained in the relevant market into this judicial district and maintains

products and services to purchasers located throughout the United States and the world.