Syncsort v. Innovative Routines.pdf - Trade Secrets Institute

distributes ssu2scl and rescript as a standard component in the CoSORT software package. PTOStip. 20.31. Rick Haines, the programmer who wrote ssu2scl and rescript, relied on twosources of information to learn the SyncSort UNIX command language: the SyncSort UNIXReference Guide and SyncSort UNIX scripts. Haines Dep. May 13, 2005, 15:13-15:20; Trial Tr.171:18-172:2, Jan. 20, 2011. Haines’s primary source of knowledge of the grammar of theSyncSort UNIX command language was the SyncSort UNIX Reference Guide. Haines usedscripts to test the effectiveness of ssu2scl and rescript after he created these utilities by copyinginformation from the Reference Guide.32. Notwithstanding earlier denials, IRI, through its counsel, conceded that it hadaccess to and used the Reference Guide to develop ssu2scl. Trial Tr. 171:18-172:2, Jan. 20,2011.33. Certain translation mechanisms in the ssu2scl source code tracked the ReferenceGuide word-for-word. This tracking was not a coincidence. The source code demonstrates thatIRI took significant parts of its translator code from the definitions of SyncSort UNIX commandlanguage as they were specifically set out in the Reference Guide. Trial Tr. 201:16-203:16, Jan.20, 2011.34. In late 1997 or early 1998, IRI obtained a copy of the SyncSort UNIX ReferenceGuide dated 1996 from an unspecified Brazilian distributor, instead of receiving a copy fromSyncsort or another authorized source. PI Hr’g Tr. 19:19-19:25, 59:11-59:19, Jan. 5, 2005; Pl.Ex. 114. IRI later characterized the source as a reseller and claimed that it could not provide anyfurther details concerning the circumstances of how IRI obtained the Guide. D. Friedland Dep.292:14-292:20, May 19, 2006.11