McHenrySoftware Files Motion for Contempt of Court v ARAS360

McHenry Software vs ARAS 360 Technologies/FARO License Termination and Lawsuit/Arbitration Information
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MSI
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McHenrySoftware Files Motion for Contempt of Court v ARAS360

Post by MSI » Tue Jan 29, 2013 9:31 pm

Jan 29, 2012: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION,
No: 5:12-CV-00277-BO
MCHENRY SOFTWARE, INC. Plaintiff v. ARAS 360 TECHNOLOGIES, INC., Defendant

PLAINTIFF’S MOTION FOR DEFENDANT ARAS 360 TECHNOLOGIES, INC. TO APPEAR AND SHOW CAUSE FOR VIOLATION OF THIS COURT’S ORDER, FOR THE COURT TO ENFORCE THE INJUNCTION ISSUED AGAINST DEFENDANT, AND FOR EXPEDITED CONSIDERATION OF SAME
NOW COMES Plaintiff, MCHENRY SOFTWARE, INC. (“McHenry Software”), by and through its attorneys, Ortiz & Schick, PLLC, and respectfully moves that this Court enter an Order:
  • i) directing Defendant ARAS 360 TECHNOLOGIES, INC. (“ARAS 360”) to appear and show cause why it should not be held in contempt for violating this Court’s direct Order;
    ii) enforcing the injunction against ARAS 360;
    iii) directing ARAS 360 to remove certain articles from its website;
    iv) directing ARAS 360 to provide a list of all files—both public and private—on its website;
    v) directing ARAS 360 to provide McHenry Software a complete list of all sales of the software product Collide, including the date on which each sale occurred;
    vi) directing ARAS 360 to remove any and all infringing material from its website;
    vii) granting McHenry Software attorney’s fees and costs incurred;
    viii) directing ARAS 360 to discontinue all use of McHenry Software’s copyrighted dynamic link library modules; and
    ix) granting such further relief as this Court deems necessary and appropriate.
McHenry Software further requests that this Court expedite consideration of this matter, and shorten the time for ARAS 360 to respond. The grounds for this Motion are set forth in the Memorandum filed concurrently herewith, and in support of same, McHenry Software also submits and incorporates herein the Second Affidavit of Brian G. McHenry.

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