Epicor Software Corporation is seeing some advancement in its lawsuit against Alternative Technology Solutions as the U.S. District Court for the Central District of California entered a nationwide injunction against Alternative.
The federal court order explicitly bars Alternative from possessing, copying, using or accessing any Epicor products or documentation which have not been validly licensed, and from using validly licensed Epicor software for an impermissible purpose.
“We are extremely pleased that the court issued a nationwide injunction against Alternative and its employees,” said John Ireland, Epicor’s senior vice president and general counsel. “We now look forward to proceeding to trial on our substantial claims for damages.”
Epicor on March 18, filed a suit in the U.S. District Court for the Central District of California alleging that Aliso Viejo, Calif.-based Alternative by and through its executives and employees knowingly misappropriated and misused Epicor’s intellectual property and proprietary and confidential information.
The original suit also alleges that Alternative Technology Solutions and a number of its key employees “systematically violated Epicor's intellectual property, trademarks and copyrights including improperly accessing, duplicating, using, distributing, and creating derivate works of Epicor's copyrighted software and other intellectual property in violation of numerous federal and state laws.
Alternative, meanwhile is claiming that the recent injunction was the result of “a lengthy negotiation” between the firm and Epicor, to which Alternative agreed to the terms – primarily because the stipulated injunction still allows the firm to service its customers now and in the future.
“Epicor’s suit fails to fully state the terms of the agreement made by and between Epicor and Alternative…[the firm] was neither found nor admitted to any wrongdoing,” said Alternative president and chief executive Vivian Keena. “The facts of the matter are that both Epicor and Alternative have negotiated to bring this part of the legal process to a positive conclusion for our shared customers. We agreed to this resolution and injunction as it allows us to continue to move forward with our customers - it removes uncertainty and provides the foundation upon which both companies can co-exist. As such, this resolution is in the best interest of our mutual customers today and in the future.”
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