Cases & Deals

Epicor obtains stipulated judgment, consent decree, and asset acquisition in copyright, trade secret, and intellectual property infringement suit against Alternative Technology Solutions

Client(s) Epicor Software Corporation

Jones Day successfully obtained a stipulated judgment and consent decree on behalf of Epicor Software Corporation, a global leader in business software solutions, in an intellectual property lawsuit against Alternative Technology Solutions, Inc., which was filed in federal court in the Central District of California. Epicor filed a copyright and intellectual property infringement lawsuit against Alternative, alleging that Alternative, through its executives and employees, knowingly misappropriated and misused Epicor's intellectual property and proprietary and confidential information. The lawsuit asserted claims for copyright and trademark infringement, trade secret misappropriation, computer fraud and abuse violations, unlawful and fraudulent business practices and that Alternative violated federal and state law.

On April 7, 2016, the court entered a stipulated judgment and consent decree permanently enjoining defendant Alternative Technology Solutions, Inc., as well as the individual defendants named in the lawsuit, from using Epicor's trade secrets or otherwise violating Epicor's intellectual property. Separately, Alternative and its principal shareholders entered into a stringent non-compete agreement, which restricts them from providing competitive products or services to Epicor's customers.

Further, pursuant to the parties' agreement, Alternative assigned to Epicor all of Alternative's business and assets related to the servicing of Epicor customers, as well as the Alternative brand name, domain names, website, and phone numbers. In addition, Alternative and its principal shareholders agreed to make a substantial payment to Epicor.

Epicor Software Corporation v. Alternative Technology Solutions, Inc. et. al., Case No. 8:13-cv-00448-CJC-RNBx (C.D. Cal.)