Ann L. Aiken, Breach of Contract, Breach of Duty of Good Faith and Fair Dealing, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Conversion, Copyright Infringement of the Software Program and Design Documents, Misappropriation of Trade Secrets, Quantum Meruit
The Plaintiff is an Austrian bank enforcing the claims of an insolvent Austrian company, Entec, that designed and built a bio-energy facility in Junction City, Oregon. Successful operation of the facility relied on some proprietary software, which in turn required a paid license. This dispute arises out of, among other things, the facility’s failure to pay the license fee. There is also an allegation that the software was illegally accessed and modified, perhaps to make the software operate with payment or to make it more functional.
The Defendants, the facility and a consultant firm, are accused of failure to pay for the installation of a software program, making unauthorized modifications to the software program, and ongoing use of the software program without a paid license.
The software code is described in the Exhibits as “written in German-lish [sic] and in a manner to intentionally create dependency and with a multitude of relic code.”
Sparkasse Bregenz Bank, AG v. JC-Biomethane, LLC et al
Court Case Number: 6:16-cv-01199-AA
File Date: Thursday, June 23, 2016
Plaintiff: Sparkasse Bregenz Bank, AG
Plaintiff Counsel: Darien S. Loiselle, Stephanie Holberg of Schwabe, Williamson & Wyatt, P.C.
Defendant: JC-Biomethane, LLC; Essential Consulting Oregon LLC; Dean Foor
Cause: Copyright Infringement of the Software Program and Design Documents, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Misappropriation of Trade Secrets, Conversion, Breach of Contract, Quantum Meruit, Breach of Duty of Good Faith and Fair Dealing
Court: District of Oregon
Judge: Ann L. Aiken