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FKSA Successfully Defends BGC Partners Against Copyright Claim FKSA has defeated a motion for an order of seizure sought by IBM Corp. against the firm's clients, interdealer broker BGC Partners Inc. and certain of its affiliates, in a copyright infringement action pending in the United States District Court for the Southern District of New York. IBM had requested that the court order the United States Marshals Service to seize all copies of Informix software in BGC's possession, claiming that BGC did not have sufficient licenses to use the database-management and transaction-processing software. Judge Paul A. Crotty denied IBM's motion on the grounds that it had failed to show that it would suffer irreparable harm without the seizure order, and that BGC had shown a good-faith defense to IBM's claim on the grounds that it was entitled to use the software under a contract between Euro Brokers, which BGC acquired in 2005, and Informix, which sold the rights to the software to IBM in 2001. FKSA partners Eric Seiler, Hallie B. Levin, and Mala Ahuja Harker and associates Chad M. Leicht and Jason C. Rubinstein represent BGC and its affiliates. |
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