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Simulados Software, Ltd. v. Photon Infotech Private, Ltd.

United States District Court for the Northern District of California

40 F. Supp. 3d 1191 (2014)

Relevant factsFree

Simulados (plaintiff) hired Photon (defendant) to adapt its existing test-simulation software for Mac compatibility, including writing and reviewing code, providing technical support, and building a web application and download-authentication certificate; when Photon failed to complete the project after multiple chances to fix serious problems, Simulados sued for breach of contract and other claims including UCC violations, and Photon moved to dismiss the UCC claims, arguing the contract was for services rather than goods.

IssueFree

Whether UCC Article 2 governs a mixed contract for services and goods when the contract is predominantly for the sale of goods.

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