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Civil Procedure Keyed to Marcus
Grumman Systems Support Corp. v. Data General Corp.
Citation:
125 F.R.D. 160 (1988)Facts
Data General (DG) owned a valuable copyrighted computer program called ADEX. DG sued Grumman in the District of Massachusetts for allegedly copying ADEX without authorization, claiming copyright infringement and related causes of action. The day after Grumman’s motion to dismiss in Massachusetts was denied, Grumman filed an antitrust suit against DG in California state court, alleging violations of the Cartwright Act (California’s antitrust law). DG removed the case to federal court and moved to dismiss, arguing that Grumman’s antitrust claims were compulsory counterclaims to the Massachusetts action. Grumman later amended its complaint to add two new defendants (the “AMI defendants”) and additional allegations of predatory practices, though DG’s behavior regarding ADEX remained central to the complaint. In the Massachusetts action, Grumman had already raised antitrust-related defenses, arguing that DG’s behavior regarding ADEX constituted monopolization and antitrust violations.
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