SAN DIEGO – A Texas software developer claims a California business unlawfully used its software without purchasing a license.
Siemens Product Lifecycle Management Inc. filed a complaint on Dec. 23, in the U.S. District Court for the Southern District of California against C & H Machine Inc. alleging copyright infringement and other counts.
According to the complaint, the plaintiff alleges that beginning on Oct. 11, 2014, through May 2016 the defendant downloaded and/or used the plaintiff's copyrighted software. The suit states the defendant made use of the software on at least 119 occasions without plaintiff's knowledge or consent. The plaintiff alleges the defendant's actions caused it to suffer substantial economic losses.
The plaintiff holds C & H Machine Inc. responsible because the defendant allegedly obtained profit at the expense of plaintiff, and circumvented plaintiff's copyright protection system through the use of a "cracked" version of the software.
The plaintiff requests a trial by jury and seeks judgment against defendant; statutory, actual and enhanced damages; accounting of the use and/or download; accounting of any revenues and profits from infringement; costs of action; attorneys' fees; and further relief as the court may deem just. It is represented by Christine M. Neuharth of Reed Smith LLP in Los Angeles and Robert R. Riddle and Andrew J. Bluebond of Reed Smith LLP in Houston.
U.S. District Court for the Southern District of California Case number 3:16-cv-03087