Pkware, Inc. v. Meade

79 F. Supp. 2d 1007 (E.D. Wis. 2000)

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Nature of the Case

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Facts

P develops and licenses various software products. P created PKZIP software and owns a patent, trademarks, and copyrights on some of the technology related to the software. D is an Ohio resident in the business of translating and reselling software. P and D entered into a contract wherein D would convert some of P's software so that it could be used in environments other than those for which it was designed. D was a sole proprietor doing business under the name 'Ascent Solutions. In 1993 D incorporated his business in Ohio under the name Ascent Solutions, Inc. and became ASI's majority shareholder, president, and CEO. Upon completion of the porting D was to send P copies of the resulting software. P also granted D a license to resell the converted software in return for a thirty percent royalty, which was to be paid monthly. D could license the source code to third parties and subcontract the conversion work with P's consent but was responsible for the work of subcontractors. The agreement was negotiated by telephone, e-mail, and writings. D also visited P once to attempt to hire one of P's employees, Steven Burg, in which the agreement was discussed. The agreement provided that it would be governed by Wisconsin law. D operates an interactive website with an online store where users from around the world can place orders for D products including some PKZIP products. D provided products and/or services to at least eighty-six different customers in Wisconsin over the last several years with the majority of these sales occurring in the Eastern District of Wisconsin. P sued D for breach of contract, as well as copyright and trademark infringement. D moved to dismiss on lack of personal jurisdiction, and venue and in the alternative to transfer venue 28 U.S.C.S. § 1404(a).