Federal judge declines to dismiss Unix Labs infringement suit

NEWARK, N.J. -- SEPTEMBER 16, 1992 -- On August 21, 1992 Judge Dickinson R. Debevoise of the United States District Court of New Jersey issued a decision rejecting a motion by Berkeley Software Design, Inc. (BSDI) to dismiss UNIX System Laboratories, Inc. (USL) claims relating to infringement of USL's UNIX(R) operating system.

These claims include deceptive trade practices and unfair competition, copyright infrigement, trade secret violations, trademark infrigement, dilution, false description of origin, inducing breach of contract, and other violations.

The lawsuit, filed by UNIX System Laboratories, Inc. on April 20, 1992 and further amended on July 24, 1992 to include additional charges seeks injunctive relief and damages against BSDI, and injunctive relief against the University of California at Berkeley.

BSDI's motion for dismissal alleged that USL's complaints were insufficient in not actually pleading specific copyright and trade secret infringements.

After USL filed the amended complaint on July 24, the parties agreed that the original motion to dismiss was moot, but BSDI continued to urge dismissal of USL claims of unfair competition and dilution of the UNIX trademark.

Upon review of materials submitted by both USL and BSDI, the court determined that USL's pleading were sufficient to withstand BSDI's motion for dismissal. BSDI's motion was denied.

Larry Lytle - UNIX System Laboratories
908-522-5186 (office)