Court OKs Amended Complaint by Calyx

In a decision rendered by U.S. District Judge Susan Illstion, Calyx Software, San Jose, Calif., has been given the OK to file a second amended complaint against Dublin, Calif.-based Ellie Mae alleging copyright infringement and unfair competition.According to Calyx, the amended complaint elaborates on its claim that Ellie Mae deliberately copied Calyx's Point product when creating screens for its Encompass program in an attempt to attract Calyx users. The amended complaint also accuses Ellie Mae of unfair advertising in marketing its Encompass offering. The court said that Calyx "had sufficiently pled that the screen displays in its software had acquired distinctiveness and that Calyx had sufficiently met the distinctiveness requirement for a trade dress cause of action." Calyx started the suit back in May when it alleged that Ellie Mae had perpetrated copyright infringement, false designation of origin, and violations of the California Unfair Competition laws. The case was filed in the Northern District of California. Ellie Mae could not be reached for comment by MortgageWire's deadline.