McHenry Software files suit against ARAS 360 TECHNOLOGIES

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
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MSI
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McHenry Software files suit against ARAS 360 TECHNOLOGIES

Post by MSI » Mon May 21, 2012 2:02 pm

May 17, 2012: McHenry Software filed suit against ARAS 360 Technologies
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION
MCHENRY SOFTWARE, INC., Plaintiff, v ARAS 360 TECHNOLOGIES, INC., Defendant.
Case 5:12-cv-00277-BO Filed 05/17/12
PLAINTIFF’S RULE 65 MOTION FOR A PRELIMINARY INJUNCTION
NOW COMES Plaintiff, MCHENRY SOFTWARE, INC. (“McHenry Software”), pursuant to Rule 65 of the Federal Rules of Civil Procedure and, for the reasons set forth in the memorandum of law filed in support of this Motion (“Memorandum”) and in its Verified Complaint (“Complaint”), respectfully moves this Court for a preliminary injunction:
  • 1. Restraining and enjoining Defendant ARAS 360 TECHNOLOGIES, INC. (“ARAS 360”), including its members, agents, employees, and all persons and organizations acting by, in concert with, through or under them, or by and through their orders from:
    • a. Continuing to operate, promote, publish, produce, distribute, or sell any software product incorporating or utilizing any copyright-protected McHenry Software programming code or software and/or any McHenry Software Trade Secrets, as that term is defined in McHenry Software’s Memorandum and Complaint;
      b. Using, disassembling, reverse engineering, duplicating, or transmitting to third parties any McHenry Software-related software or data, including but not limited to proprietary copyright-protected McHenry Software programming code or software and all Trade Secrets received from McHenry Software;
      c. Using any McHenry Software-related trademarks, images, or logos, or implying in any way a continued association between ARAS 360 and McHenry Software;
      d. Communicating or implying in any manner or form any maintenance or upgrade obligations on the part of McHenry Software with regard to any software product sold by ARAS 360;
    and
    2. Requiring ARAS 360 to immediately provide McHenry Software with up-to-date sales and licensing information, including date of sale, regarding all products sold incorporating McHenry Software programming code or software, and to immediately provide McHenry Software with access to ARAS 360’s licensing validation website.
At the Court’s discretion, plaintiff respectfully requests that a hearing be granted in this matter at such time that this Motion is ripe for consideration.
Respectfully submitted, this the 17th day of May, 2012.
  • Ortiz & Schick, PLLC
    Michael R. Ortiz,John-Paul Schick,Sean F. Doyle
    Attorneys for Plaintiff
    2840 Plaza Place, Suite 300 (27612)
    Post Office Box 30427
    Raleigh, North Carolina 27622
    Telephone: (919) 781-7400
Interested parties who wish to review the complete Memorandum, Complaint and other filings please see RFC Express, McHenry Software v ARAS Technologies, Court Case Number:5:12-cv-00277-BO
For related topics see:
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.

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