Arguments were presented by both sides.
ARAS argued to try to throw what they called the 'purported' termination of the agreement back to BC for arbitration.
McHenry Software argued that the use of the term 'purported' termination is misleading and incorrect:
- McHenry Software terminated the agreement on Dec 21, 2011.
- ARAS accepted the termination on February 6, 2012
McHenry Software also argued that ARAS continued use and sale of McHenry Software and McHenry Software product is a violation of copyright and trademark laws.
Honorable Judge Terrence W. Boyle asked ARAS whether they were still selling the product.
- ARAS said NO.
- ARAS answered they did not know. ARAS then further stated that an injunction would shut down ARAS.
- ARAS replied yes.
- ARAS didn't have an answer.
The briefs also include documentation that the McHenry Software trademark and use of samples of McHenry Software simulations ('collide') are still being used by ARAS to generate sales.
ARAS and their CEO, Mike Kennedy, still continue to send or refer clients to McHenry Software for technical support questions, as recently as September 2012.
ARAS has not paid McHenry Software a dime in over 16 months.
ARAS has no comparable product and never had ANY simulation products prior to working with McHenry Software.
The ARAS behavior and website are in violation of trademark and copyright laws.
The Honorable United States District Judge Terrence W. Boyle stated he would issue a ruling as soon as possible.
Are you an ARAS360 COLLIDE user? If so, we apologize to you. We regret the unfortunate circumstances of this situation. If you email us at email@example.com we will keep you informed on progress on the suit. Hopefully soon we will have some options for our McHenry Software simulation technology in the immediate and long term future to be able to provide you support and updates.
Interested parties who wish to review the complete Memorandum, Complaint and other filings please see: