Globeranger corp software ag

Nov 07, 2016 recently our colleagues natalie arbaugh and rex mann discussed the fifth circuits decision in globeranger corp. Federal copyright preemption of state law claims still a powerful. Globeranger alleged that software ag wrongfully obtained copies of its software. Cases from united states district court for the fifth. The suit also alleges that gray was also in a relationship with german company software ag. Trade secret preemption by federal copyright law the fifth circuit addressed issues of preemption in globeranger corp. Software ag timely filed this motion following the courts entry of judgment in accordance with the jurys verdict, finding in favor of plaintiff globeranger corporation globeranger on its trade secret misappropriation claim and awarding globeranger. Globeranger and software ag a larger, more general software company, the navy went withsoftware ags proposal rooted inits webmethods software platform. It stood to make hundreds of millions of dollars from stealing globerangers technology and. Recent developments on copyright preemption of trade secret. Software ag, which dwarfs globeranger in size, had an irresistible motive, the complaint adds.

Federal jurisdiction under doctrine of complete preemption. Parties, docket activity and news coverage of federal case globeranger corporation v. Using our proven iot software and indepth industry experience, globeranger s platformbased system supports multiple applications through rfid radio frequency identification and sensorbased technology. This federal act was enacted to provide penalty for unauthorized access of a computer hacking, and accessing private confidential information stored on a computer of others with out prior approval. Manufacturings smart inventory partner for asset tracking. The navy ordered globeranger to stop its subcontracting work and said it would convert the three existing instances to the enterprisewide system. Intellectual property category archives page 2 of 4.

A flexible platformbased system that supports multiple applications through rfid radio frequency identification technology, our combination of industry knowledge and proven iot solutions make us the manufacturers choice above and beyond other general software. Software ag challenges that result on a number of grounds, but its principal argument is that globeranger finds itself in a jurisdictional. In the globeranger case, globeranger accused software ag of misappropriating its trade secrets relating to radio frequency identification rfid technology. Aug 17, 2012 globeranger has a generic rfid software platform named imotion. Lawsuit filed by richardsonbased globeranger accuses competitors of stealing its technology to win a u. Globeranger says it was cheated out of navy work dallas. Recent developments on copyright preemption of trade. Recently our colleagues natalie arbaugh and rex mann discussed the fifth circuits decision in globeranger corp. Software ag had appealed the district courts judgment arguing, among other things, that globerangers trade secret claim was preempted by. Fifth circuit finds copyright act does not preempt trade.

Globeranger utilizes this software along with a customized physical placement of rfid tags, readers, and servers for each customer in order to deploy an rfid system. The company spent some months working up a proposal on the new architecture and gave it. Federal copyright preemption of state law claims still a. Oct 14, 2016 on september 7, 2016, the fifth circuit in globeranger corp. Software ag had appealed the district courts judgment arguing, among other things, that globeranger s trade secret claim was preempted by. We also affirmed the denial of globeranger s motion to remand based on actual or possiblethis is. Software ag challenges that result on a number of grounds, but its principal argument is that globeranger finds itself in a jurisdictional catch22. About software ag software ag operates as a software development company. We also affirmed the denial of globerangers motion to remand based on actual or possible this is the source of the intense debate preemption of the conversion claim. Globeranger and software ag a larger, more general software company, the navy went withsoftware ag s proposal rooted inits webmethods software platform. Trial court refused to disturb verdict after trial. Nov 01, 2016 what is the best intellectual property protection for software. Track, manage and report on your assets with globeranger. Navy contract that globeranger had been pursuing for years.

At the end of a twoweek jury trial, during which david handled several key witness examinations and legal arguments, the jury entered a verdict in favor of globeranger. Lawsuit alleges cloakanddagger software ag conspiracy. And, she is just as successful in representing defendants. Globeranger has a generic rfid software platform named imotion. Dec 17, 2010 if it can be shown that the defendants stole globerangers trade secrets, and that they did so knowing or intending that the theft would benefit a foreign instrumentality e. Globerangers claim is not preempted, software ag asserts that the court must. Fifth circuit issues important copyright preemption ruling. We also affirmed the denial of globerangers motion to remand based on actual or possiblethis is the source of the intense debate preemption of the conversion claim.

Globeranger sued software ag in federal court for trade secret misappropriation. Few trial lawyers have obtained this level of victory for their clients. Some commentators anticipate that software ag will rely heavily on spear mktg in its appeal, but a closer look at the spear mktg opinion may give software ag some pause. Software ags next contentionand one of the more complex issues in this caseis that globeranger did not prove that software ag acquired any of its alleged trade secrets improperly, and therefore failed to prove the second element of texas trade secret misappropriation. Although much of the opinion focused on jurisdictional issues, the portion of the opinion on damages is noteworthy becausein this everchanging climate on damages law in intellectual property casesit is helpful to have an.

News america marketing, a division of rupert murdochs news corp. Nov 08, 2016 recently our colleagues natalie arbaugh and rex mann discussed the fifth circuits decision in globeranger corp. The company enables enterprises to integrate, connect, and manage iot components, as well as analyze data and predict. A flexible platformbased system that supports multiple applications through rfid radio frequency identification technology, our combination of industry knowledge and proven iot solutions make us the manufacturers choice above and beyond other general software providers. The court found that the trade secret claim is not preempted but that a. Software ag provides solutions that drive digital transformation in organizations worldwide, helping to improve operational efficiency, modernize systems and optimize processes for smarter decisions and better service. Lawsuit alleges cloakanddagger conspiracy by software ag.

These extra elements, according to the court, weigh against an equivalency finding. In globeranger, the plaintiff sued the defendants in texas state court, alleging five counts under state law none under federal law. On september 14, 2012, the fifth circuit reversed this courts finding of preemption. This enables companies to harness data that is generated outside traditional it environments to improve their business processes and move closer to being realtime.

Software ag on justia law justia opinion summaries justia provides free attorney written summaries of cases from all 50 states, the us courts of appeals and the us supreme court. Although not giving a definitive answer on the matter, the united states district court for the north district of texas found in globeranger corp. Our solutions include an integration platform built on a powerful enterprise service bus that enables organizations to quickly connect virtually any system and. In a 2011 complaint, globeranger accused software ag of accessing globeranger data, manuals and software to complete the project. The court explained that the claims are not based on software ag copying the. Then came a woman named kim gray, who works for an alaskabased software company called naniq systems llc. Plaintiff globeranger corporation globeranger on its trade secret. Jul 19, 2018 although not giving a definitive answer on the matter, the united states district court for the north district of texas found in globeranger corp. Globeranger was subcontracting for the navy rfid systems on a smaller basis i. Factual background vaultworks is spear marketings proprietary system for optimizing the amount of cash a banking institution needs on hand at its branch and atm locations to satisfy customer demand and operate profitably. Oct, 2016 on september 7, 2016, the fifth circuit in globeranger corp.

Globeranger utilizes this software along with a customized physical placement of rfid tags, readers, and servers for each customer. See who you know at globeranger, leverage your professional network, and get hired. All content is posted anonymously by employees working at globeranger. Navy sought to acquire certain new rfid technology. The navy ordered globeranger to stop its subcontracting work and said it would convert the three existing instances to the enterprisewide system, the panel recalled. Although much of the opinion focused on jurisdictional issues. Justia intellectual property opinion summaries articles posted in u. Finally answering the eternal question of wheres my stuff. Among other reasons, globeranger contended it lost the contract because software ag misrepresented that it developed the navys existing rfid system. Represented rfid software company globeranger corporation in its suit against software ag for trade secret misappropriation. According to globeranger, gray had an affair with robert bacon, the program director for the navys rfid efforts. The court found that the trade secret claim is not preempted but that a dismissed conversion claim was preempted and supports federal jurisdiction. Brooklaw, the bls seal, and logo are service marks contents copyright 19952010 brooklyn law school 250 joralemon st.