The plaintiff, One Street Digital Inc. (OSD), brought a motion seeking a final order declaring its ownership of proprietary software ("Foundation Framework"), restraining the defendant, Berkeley Payment Solutions Inc. (BPS), from using or altering it, and requesting costs.
The court dismissed OSD's motion, finding that OSD failed to provide sufficient evidence to precisely identify the non-copyrighted proprietary software it claimed.
The court also determined that the relief sought was analogous to injunctive relief, and OSD did not demonstrate irreparable harm, as potential damages related to licensing fees and intellectual property value could be adequately assessed at trial.
