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R.W. Beck, Inc. v. Consulting, LLC

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Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

R.W. Beck, Inc., and E3 Consulting, LLC, both provide consulting services and produce independent-engineer reports used to obtain financing for energy-related projects. Reports prepared by both Beck and E3 have contained sections entitled “Principal Considerations and Assumptions Used in the Projection of Operating Results.” Aplt. App., Vol. I at 21 (report prepared by Beck); id. at 25 (report prepared by E3). Beck sued E3 in the United States District Court for the District of Colorado because language in that section of an E3 report repeated verbatim much of the language in that section of earlier Beck reports that Beck had copyrighted. The suit raised a claim for copyright infringement under the federal Copyright Act, see 17 U.S.C. § 101 et seq., and three claims under Colorado law: unfair competition, unjust enrichment, and deceptive trade practices.

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