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Rocky Schwartz and Tom Harkins Achieve Defense Verdict in a Major Computer Software Copyright Infringement Case

In a case lasting well over 3 years ( filed August 31, 2007), Rocky Schwartz, as assisted by Tom Harkins, successfully achieved a defense verdict in a major computer software copyright infringement case brought by Gillani Consulting, Inc. against Ferguson Enterprises, Inc. Gillani sued Ferguson after Ferguson had acquired the assets of Full Service Supply (FSS), a Kennametal company. This Ferguson acquisition included, inter alia, FSS’s computer software, including Gillani’s claimed “Endura” copyrighted software. While Kennametal’s use was licensed, Gillani claimed that Ferguson’s use was unlicensed and thus infringing. During the course of the case, Gillani asserted that in excess of 60 separate copyright registrations were infringed. Gillani claimed damages ranging from $7M to in excess of $100M. In a series of summary judgment orders, Judge Reed O’Connor, USDC ND TX, dismissed all of Gillani’s copyright claims and found Ferguson to be the “prevailing party.” Judge O’Connor, by Orders dated March 22, 2011 and April 21, 2011, awarded Ferguson its attorney’s fees, out of pocket expenses and taxable costs of in excess of $1.55M.

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