Home Depot obtains early dismissal in software license dispute

Client(s) Home Depot, Inc., The

Jones Day obtained early dismissal of a lawsuit brought by software vendor Mi9 Retail, Inc. against The Home Depot, Inc. and its affiliates, including Home Depot Mexico. The case involved a dispute over whether The Home Depot and its affiliates owed the vendor additional licensing and support fees for its Mexico-based affiliate's local stores. Jones Day successfully argued that Home Depot Mexico was the only proper party in this matter; Mi9's breach of contract claims are barred by the contractual limitations provision and a plain reading of the parties' agreements; and Mi9's tort claim is preempted by the Copyright Act. The Northern District of Georgia granted the Home Depot entities' motion to dismiss the complaint with prejudice.

Mi9 Retail, Inc. v. The Home Depot, Inc., et al., No. 1-20-cv-00525 (N.D. Ga.)