SAN JOSE – A Saratoga business has filed suit against a New York corporation over allegations it sold software without authorization.

W. Knight Foster Partnership filed a complaint on May 3 in the U.S. District Court for the Northern District of California, San Jose Division against Saratoga Data Systems Inc. citing copyright infringement, breach of contract, unjust enrichment and other counts.

According to the complaint, the plaintiff alleges that, between December 2008 and February, it was damaged as a result of its software being sold and distributed to a third party without its approval by the defendant. The plaintiff holds Saratoga Data Systems Inc. responsible because the defendant allegedly disputes that the plaintiff owns copyrights to the Flume and Watcher software created by plaintiff and therefore knowingly distributes them without its authority.

The plaintiff seeks injunction against the defendant, declaration that plaintiff owns copyrights in the Flume software, damages in the amount of $75,000, statutory damages, all profits and advantages gained from its unfair practices, interest, all legal fees and any other relief as the court deems just. It is represented by Jeffrey S. Love and Kristin L. Cleveland of Klarquist Sparkman LLP in Portland, Oregon.

U.S. District Court for the Northern District of California, San Jose Division Case number 3:16-cv-02406-MEJ

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U.S. District Court for the Northern District of California, San Jose Division

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