Irving, TX product liability attorney Eric D. Pearson talks about an intellectual property case he had a big hand in.
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My firm represents a company called Auria against a company called DeFossett in a copyright case pending in the federal court in the southern district of Texas. And the copyright dispute involves a software program that is used in the electricity trading industry to help sort through large amounts of data and recommend potential energy trades. Auria has programmers in India who actually created this software while they were working as independent contractors for DeFossett. Under the work for hire doctrine DeFossett argues that the software belongs to it because it paid Auria to develop the software. However, Auria contends that the software engineers that created the software were its employees and that it was simply an independent contractor of DeFossett that allowed DeFossett to use the software so long as the two companies were in business together. Unfortunately, DeFossett fired Auria and their programmers and at that point, a dispute arose regarding ownership of this software. And the case I said is pending in the southern district of Texas federal court, its set for trial later this year and it’s been a very rewarding case to work on and I look forward to trying it.