Alternative Co-owners Vivian Keena and Donna Barnett Named in Claims for Violation of the Computer Fraud and Abuse Act and California Penal Code Section 502(c)
AUSTIN, TX, August 7, 2014 -- Epicor Software Corporation, a global leader in business software solutions for manufacturing, distribution, retail and services organizations, today announced that the United States District Court granted the company's motion to amend its complaint to name as individual defendants, Vivian Keena, CEO and Co-owner, and Donna Barnett, CTO and Co-owner, of California-based Alternative Technology Solutions, Inc. Also named in the amended complaint were Alternative employees, Ned Cleary and Mark Stuvetraa. As part of its ruling, the Court approved the filing of Epicor's amended complaint adding additional claims against Alternative and the individual defendants, including violation of the Computer Fraud and Abuse Act and violation of California Penal Code Section 502(c).
In March 2013, Epicor filed a copyright and intellectual property infringement lawsuit in the U.S. District court for the Central District of California against Alternative, alleging that Alternative, through its executives and employees, knowingly misappropriated and misused Epicor's intellectual property and proprietary and confidential information.
"Epicor's intellectual property rights are amongst its most valuable assets representing tens of millions of dollars of R&D investment and decades of hard work by its developers and employees to build the best possible product to better serve our customers," said Donna Troy, executive vice president and general manager, ERP Americas for Epicor. "Our Intellectual property is what our over 4,600 employees worldwide depend upon to maintain their livelihoods, and what our over 20,000 customers worldwide depend on us for to run their businesses. Epicor simply will not tolerate threats to its intellectual property or to the livelihoods of our employees or customers."
"The Federal Court's ruling to allow the addition of these individual defendants and claims comes as no surprise given our discovery to date in this case," said John Ireland, senior vice president and general counsel for Epicor. "Epicor remains fully committed to protecting its intellectual property and intends to seek full and complete compensation from Alternative and each individual involved in the misappropriation thereof."
Ireland noted that, "Notwithstanding Alternative's apparent continuing representations to Epicor's customers to the contrary, there has been no resolution of Epicor's claims against Alternative, nor is there any relationship of any kind between Epicor and Alternative. Epicor's lawsuit against Alternative and these individuals is in response to clear evidence that Epicor's property has been unfairly exploited by them. Epicor expects that as it continues to prepare this matter for trial, it may discoverfacts that suggest other parties or individuals may have been involved in the activities that are the subject of the allegations in this lawsuit. If so, Epicor will not hesitate to bring additional claims, as it cannot allow anyone to violate its valuable intellectual property rights."
Summary of the Lawsuit Epicor Filed
The lawsuit filed by Epicor asserts claims for copyright and trademark infringement, false advertising, unlawful and fraudulent business practices, intentional interference with Epicor Software License Agreements, unjust enrichment, and that Alternative has violated federal and state law. The suit also alleges that Alternative has engaged in the "unlicensed use and/or duplication of proprietary Epicor ERP software, which enables Alternative to provide unauthorized consulting and software customization services to Epicor ERP customers." The suit further alleges that Alternative has through its actions misrepresented itself in the marketplace as an authorized Epicor partner.
In the suit, Epicor seeks the return of all of its proprietary materials and intellectual property and to permanently enjoin Alternative's unauthorized and illegal activities and prevent future violations. The suit further seeks to recover both actual and punitive damages from Alternative resulting from the violations and infringement.
About Epicor Software Corporation
Epicor Software Corporation is a global leader delivering inspired business software solutions to the manufacturing, distribution, retail and services industries. With over 40 years of experience serving small, midmarket and larger enterprises, Epicor has more than 20,000 customers in over 150 countries. Epicor enterprise resource planning (ERP), retail management software, supply chain management (SCM), and human capital management (HCM) enable companies to drive increased efficiency and improve profitability. With a history of innovation, industry expertise and passion for excellence, Epicor provides the single point of accountability that local, regional and global businesses demand. The Company's headquarters are located in Austin, Texas, with offices and affiliates worldwide. For more information, visit www.epicor.com .
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Contact: Lisa Preuss
Senior Director, Public Relations
Epicor Software Corporation
+1 949 585 4235