SHERMAN – A provider of copyrighted software used in the health care industry alleges that a medical facility used software in an authorized manner.
KaZee Inc. filed a complaint on Jan. 19 in the Sherman District of the Eastern District of Texas against University of Texas Medical Branch at Galveston alleging breach of master license and copyright infringement.
According to the complaint, plaintiff is the copyright owner of PEARL, an electronic health records software and the defendant contracted with it in 1999 to use the software. The plaintiff alleges that as a result of defendant's actions, it was deprived of at least $20 million in licensing fees.
The plaintiff holds University of Texas Medical Branch at Galveston responsible because the defendant allegedly permitted and expanded its use of PEARL to, at least, a federal prison and several county jails without plaintiff's authorization.
The plaintiff requests a trial by jury and seeks actual damages, defendant's profits attributable to its infringement, pre- and post-judgment interest, costs and attorneys’ fees and such other and further relief. It is represented by Pete Marketos and Tyler J. Bexley of Reese Marketos LLP in Dallas.
Sherman District of the Eastern District of Texas case number 4:18-cv-00053