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  • Article

    IBM Sues Micro Focus For Copyright Infringement And Breach Of Contract In Software Development Related Brawl

    Software development agreements between enterprise software publishers can sometimes lead to licensing disputes and related litigation. Two software publishers known for their aggressive software...
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Tibco Takes Expansive View In Licensing Dispute Of What It Means To Deploy Its Software

    We have been following a very interesting licensing dispute filed in the Eastern District of New York by Tibco Software Inc. ("TIBCO") against OptumRx Administrative Services...
    United StatesCorporate/Commercial Law
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Envisage Sues Oracle For Declaratory Relief Of Non-Copyright Infringement And Unjust Enrichment

    Envisage Technologies, LLC ("Envisage") has filed a counterclaim against Defendants Oracle America, Inc., and Oracle International Corporation (collectively, "Oracle") ...
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    The Inevitable Rise Of Enterprise Software Audits

    In an era where digital transformation dictates the pace of business evolution, software has become the backbone of enterprise operations.
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Oracle Notches Major Win Against Rimini In Nevada District Court

    In a 94-page opinion, Nevada Federal District Court Judge Larry Hicks handed Oracle a huge win against arch rival Rimini Street. There are lots of interesting points in the Order that will...
    United StatesLitigation, Mediation & Arbitration
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Rimini's Express License And Fair Use Defenses Rejected

    ​Judge Hicks granted in part and denied in part Oracle's motion for partial summary judgment on cross use and derivative works.
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Enterprise Software Customer Wins Jury Verdict Against Micro Focus Arising Out Of Software Audit

    The result was a complete and total defense victory for Micro's enterprise software customer Express.
    United StatesMedia, Telecoms, IT, Entertainment
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Oracle Hits Rimini With Order To Show Cause Why Rimini Shouldn't Be Held In Contempt For Violating The Injunction

    On July 10, 2020, Oracle filed a Motion For an Order To Show Cause Why Rimini Should Not Be Held in Contempt for allegedly violating the Rimini I injunction.
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    The Devil Is In The Details: Oracle/NetSuite ERP Related Disputes

    In February 2020, Elkay Plastics Company, Inc. ("Elkay") sued Oracle and NetSuite in San Francisco Superior Court in a lawsuit arising out of a failied ERP cloud contract.
    United StatesCorporate/Commercial Law
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Thinking Of Going With An Oracle ERP System? Multiple Lawsuits Allege That Oracle Overpromises, Underdelivers And Leaves Customers With A Big Bill To Boot

    Perhaps your company decides that it needs to add an enterprise resource planning ("ERP") system or to replace its existing system and contacts Oracle to learn about Oracle's
    United StatesCorporate/Commercial Law
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    How Oracle May Try To Use A Software Audit To Expand Its Contractual Rights

    Oracle licensees are advised to zealously guard their contractual rights and avoid ceding ground to Oracle based on overreaching software audit demands.
    United StatesMedia, Telecoms, IT, Entertainment
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Licensees Beware: Oracle And Quest Taking Page Out Of Same Audit Playbook

    Companies suffering through an Oracle software audit are doubtless familiar with Oracle's overreaches involving an Oracle customer's
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Oracle And Quest Taking Page Out Of Same Audit Playbook

    Companies suffering through an Oracle software audit are doubtless familiar with Oracle's overreaches involving an Oracle customer's use of VMware virtualization software.
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Oracle And Quest Utilize Similar Predatory Audit Tactics

    Companies suffering through an Oracle software audit are doubtless familiar with Oracle's overreaches involving an Oracle customer's use of VMware virtualization software
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    "You Have To Keep Paying No Matter What" — Why That Clause In Your Oracle Financing Agreement May Not Be Enforceable In California

    If your business financed an Oracle NetSuite ERP implementation through Oracle Credit Corporation or Oracle America, Inc. and received a collection demand from Banc of America Leasing & Capital...
    United StatesCriminal Law
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    More Analysis Of The Mars vs. Oracle Case And Oracle's Possible Contractual Breaches

    That is certainly the case with the Oracle licenses that we have reviewed.
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    How Oracle Uses Online Agreements For "Free Software" To Trap Companies Into Paying Large Licensing Penalties: The Hidden Costs Of Oracle Java SE And VirtualBox Software

    In the world of enterprise software, Oracle stands out not only for its expansive product offerings but also for its aggressive tactics in enforcing licensing compliance.
    United StatesCorporate/Commercial Law
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Quest Scores Split Decision In Fairview Health Case

    Readers of this blog will remember that we have discussed previously a declaratory judgment lawsuit filed by Fairview Health Services against Quest Software, Inc.
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Your Contract Caps Damages. A Fraud Claim May Change The Analysis

    California law permits fraud claims to pierce contractual liability caps and damage limitations when vendors make knowing misrepresentations during software sales cycles. Recent Supreme Court decisions...
    United StatesLitigation, Mediation & Arbitration
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Lower Court Instructed To Look At Actual Usage In Determining Damages Award In Software Licensing Case

    In a software licensing case out of the Court of Federal Claims, Senior Judge Edward J. Damich in Bitmanagement Software GMBH v. The United States followed the direction of the Federal Circuit...
    United StatesIntellectual Property
    Tactical Law Group LLP
    Tactical Law Group LLP

Showing 61–80 of 110 results

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