Airframe Systems, Inc. v. Raytheon Company et alMOTION for Summary Judgment -- Cross Motion on Liability and on Affirmative Defenses 4, 6 and 17 --D. Mass.June 7, 2010UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS -------------------------------------------------------- AIRFRAME SYSTEMS, INC. f/k/a AIRLINE SOFTWARE, INC., Plaintiff, Case No: 1:08-cv-11940-WGY v. RAYTHEON COMPANY and L-3 COMMUNICATIONS CORPORATION, Defendants. --------------------------------------------------------- PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT ON LIABILITY AND ON AFFIRMATIVE DEFENSES 4, 6 AND 17 Plaintiff Airframe Systems, Inc. (“Airframe”) cross-moves for summary judgment on liability, and to dismiss L-3’s affirmative defenses numbered 4, 6 and 17. In support of this cross-motion, Airframe relies on the following documents, which are being filed herewith (1) Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment (“Plaintiff’s Memorandum”), containing Airframe’s Statement of Undisputed Facts and with exhibits thereto; and (2) the Declaration of Gordon S. Rosen in Opposition to L-3’s Motion for Summary Judgment and in Support of Airframe’s Cross Motion for Summary Judgment, with exhibits thereto (some of which are being filed under seal). For the reasons set out in Plaintiff’s Memorandum, Airframe requests the Court to grant summary judgment in favor of Airframe, establishing L-3’s liability for infringing the ARMS source code and the reports and screen interfaces, and dismissing L-3’s 4th, 6th and 17th affirmative defenses. Case 1:08-cv-11940-WGY Document 88 Filed 06/07/10 Page 1 of 2 2 AIRFRAME SYSTEMS, INC. f/k/a/ Airline Software, Inc. By its attorneys, / S / Peter B, Krupp Dated: June 7, 2010 Peter B. Krupp B.B.O. No. 548112 Lurie & Krupp, LLP One McKinley Square Boston, MA 02109 Tel: 617-367-1970 / S / Bruce I. Afran Bruce I. Afran NJ BA 8583 10 Braeburn Drive Princeton, NJ 08540 Tel: 609-924-2075 CERTIFICATE OF CONFERENCE Pursuant to Local Rule 7.1(A)(2), I, Peter B. Krupp, certify that I attempted to confer with Adam Kessel about this motion, but we were unable to narrow the issues presented in this motion. / S / Peter B. Krupp Peter B. Krupp CERTIFICATE OF SERVICE I, Peter B. Krupp, hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as non registered participants on June 7, 2010. / S / Peter B. Krupp Peter B. Krupp Case 1:08-cv-11940-WGY Document 88 Filed 06/07/10 Page 2 of 2
