April 8, 2024

Harness IP Team Secures Favorable Client Outcome In Software Copyright Infringement Jury Trial Case

Detroit, Michigan, April 4, 2024 – On March 26, Harness IP attorneys Glenn Forbis, Brad Luchsinger and Jeremiah Foley secured a clear jury verdict in favor of Dassault Systemes against Keith Childress in a long-running software copyright infringement case.  

The case, Dassault Systemes, SA v. Childress, which involved claims under the United States Copyright Act, was heard in the United States District Court, E.D. Michigan, Southern Division. The jury rendered a clear verdict in favor of Dassault Systemes.

Dassault Systemes’ lawsuit alleged that Keith Childress pirated 3D CAD software CATIA V5 on 18 computers using two different methods of circumventing the software’s licensing mechanism. Mr. Childress filed 11 retaliatory counterclaims against Dassault Systemes. Our team successfully secured dismissal of 10 of the 11 counterclaims on summary judgment. After eight days of trial and one full day of deliberations, the jury found that Mr. Childress had infringed Dassault’s copyrights and found that the infringement was willful, awarding nearly the full amount of damages that Dassault sought. The jury also found against Mr. Childress on his final counterclaim.

“We are pleased the jury recognized that Mr. Childress had infringed our client’s copyrights willfully,” said Forbis and Luchsinger. “Software companies are faced with rampant piracy every day, so it is satisfying to see justice prevail.”

Harness IP heads up North American enforcement efforts for Dassault Systemes’ software copyrights.

Harness IP’s team of trademark and patent attorneys serve clients in all areas of intellectual property law, including patents, trademarks, IP litigation, PTAB Proceedings, trade secrets, due diligence investigations, and global IP management. For more information, visit the firm’s website at harnessip.com.