The plaintiff had filed a direct infringement suit against the borrower in 2001, n200 and the defendant lenders are alleged to be the lead agents of [*113] certain syndicated credit facilities that Fleming executed in 2002. n201 The plaintiff claims he notified the lenders in writing of his claim that the borrower was infringing, and the lenders allegedly denied the infringement. n202 In March 2003, however, a jury found that the plaintiff did own a valid copyright in the software and that the borrower had engaged in willful infringement of that copyright. n203