Illinois Computer Research, LLC v. Best Buy Stores, L.P., No. 10 C 4298, Slip Op. (N.D. Ill. Jun. 29, 2011) (Zagel, J.).
Judge Zagel granted defendants (collectively "Best Buy") summary judgment that its Rocketfish sound cards were already licensed because they were designed and manufactured by license from Creative Products ("Creative") for Best Buy.
First, Best Buy’s vendor Ectiva was an Affiliate of Creative. Best Buy’s documents showed a clear relationship between the parties. The fact that Best Buy’s evidence was only authenticated by counsel’s declaration did not prevent considering the evidence for several reasons:
- FRE 902(3) allows the Court discretion to consider certain evidence that had not been finally authenticated.
- Plaintiff offered no evidence or even argument that the documents were fraudulent or otherwise amendable.
- Best Buy ultimately produced certified copies of the evidence.
The Court also held that the Rockefish sound cards were Creative products. The Court already held that Ectiva was an Affiliate of Creative, and plaintiff did not dispute that the soundcards were manufactured for Creative and its affiliates, including Ectiva.
Finally, Creative was not acting as a foundry for Best Buy. Best Buy’s uncontroverted declarations established that Creative, not Best Buy, designed the soundcards.