District Judge Gary L. Sharpe


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Plaintiff Universal alleged Micro System Engineering Inc. (MSEI) wrongfully provided its source code to Missouri Tool & Automation (MTA) to make test handling systems (THS) for testing of MSEI’s products. Breach of contract, misappropriation of trade secrets, and copyright infringement claims remained against MSEI. Against MTA unjust enrichment, unfair competition, trade secret misappropriation and copyright infringement claims remained. The court granted MSEI and MTA judgment, as a matter of law. Universal failed to show breach of the governing Equipment Purchase Agreement (EPA) or misappropriation of the subject source code. It provided its source code to MSEI either under license in the EPA or unconditionally as memorialized in a Final Customer Acceptance letter (FCA) expressly incorporated into the EPA. Thus, no reasonable jury could find MSEI did not own or have a license to Universal’s source code. Nor was there reasonable evidence MSEI used source code beyond its own internal use. There was no evidence MSEI provided the source code to anyone other than MTA, that MTA was anything other than MSEI’s subcontractor or supplier, or that MTA used the source code in anything other than MSEI’s THS lines.