McHenry Software v ARAS Hearing Details

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
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MSI
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McHenry Software v ARAS Hearing Details

Post by MSI » Sat Oct 06, 2012 11:52 am

On October 3, 2012, in the US District Court, Courtroom 1, at 3 PM a hearing was held before Honorable United States District Judge Terrence W. Boyle.
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
By either date, December 21, 2011 OR February 6, 2012 there is NO QUESTION that the agreement was and is terminated (the 'official' date of termination will be determined in arbitration).
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.
Honorable Judge Terrence W. Boyle then asked when did they stop selling the product?
  • ARAS answered they did not know. ARAS then further stated that an injunction would shut down ARAS.
Honorable Judge Terrence W. Boyle then asked ARAS if they sold any other products?
  • ARAS replied yes.
Honorable Judge Terrence W. Boyle then asked ARAS if ARAS were NOT selling the McHenry Software product and since ARAS has other products, why would an injunction 'shut them down'?
  • ARAS didn't have an answer.
McHenry Software then stated that ARAS was misrepresenting the situation. McHenry Software stated a review of the briefs filed by McHenry Software with the court includes documentation of ARAS's continued sale, use and distribution of McHenry Software property.
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 collide@mchenrysoftware.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: 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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