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Intellectual Property
Copyright Infringement
Computer Fraud and Abuse Act

Oracle America Inc., Oracle International Corporation v. Terix Computer Company Inc., Maintech Inc., Volt Delta Resources LLC, Sevanna Financial Inc., West Coast Computer Exchange Inc., and Does 1 through 50

Published: Jul. 11, 2015 | Result Date: Jun. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 5:13-cv-03385-PSG Settlement –  $57,700,000

Court

USDC Northern


Attorneys

Plaintiff

Christopher B. Campbell
(Latham & Watkins LLP)

Dorian E. Daley
(Oracle Corp.)

Jeffrey S. Ross

Thomas S. Hixson

Rollin Chippey

Kevin Papay

Deborah K. Miller
(Oracle Corp.)

Daniel M. Wall
(Latham & Watkins LLP)


Defendant

Christopher L. Lardiere

Gabriel G. Gregg
(Rimon Law PC)

Scott R. Raber
(Rimon Law PC)

Richard J. Mooney
(RJM Litigation Group)

Jennifer S. Coleman
(Hopkins & Carley)

John V. Picone III
(Hopkins & Carley)


Facts

Oracle America Inc. and Oracle International Corporation sued Terix Computer Company Inc., Maintech Inc., Volt Delta Resources LLC, Sevanna Financial Inc., and West Coast Computer Exchange Inc., relating to an alleged copyright infringement of Oracle's software code.

Contentions

PLAINTIFFS' CONTENTIONS:
Oracle contended that defendants engaged in a deliberate scheme to misappropriate and distribute Oracle's copyrighted, proprietary Solaris software code. Plaintiffs claimed defendants misrepresented to third parties that they were authorized to provide support on the Solaris operating system. Oracle sued for copyright infringement, fraud, violations of the computer fraud and abuse act, violations of the Lanham Act, breach of contract, intentional interference with prospective economic relations, and unfair competition.

DEFENDANTS' CONTENTIONS:
TERiX and Maintech counterclaimed, alleging antitrust violations.

Result

The court entered stipulated judgments against TERiX in the amount of $57,700,000 and against Maintech in the amount of $14,000,000 on Oracle's claims. TERiX and Maintech agreed not to provide software support that involves the access, use or distribution of any Oracle IP to Oracle's hardware customers, but continue to be able to provide hardware break-fix support to Oracle's Sun customers. Defendants did not take anything on their counterclaims.


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