Press Releases
Sydney Iglitzen
siglitzen@brinkshofer.com
312.840.3163
ANN ARBOR - Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., and its client, Joel Goldman, today announced the settlement of a major computer copyright infringement case against defendants Healthcare Management Systems, Inc. and its founder, Tom Givens, for more than $3 million. The case had been pending before Judge Paul Maloney in the U.S. District Court for the Western District of Michigan.
In 1983, Mr. Goldman, a computer software programmer, provided Mr. Givens with an evaluation copy of his software. The software related to hospital administration and maintenance of medical records. Mr. Goldman claimed that the defendants copied and modified his source code and distributed it to their customers. Defendants vigorously denied liability and damages.
The size of the settlement is among the largest software copyright infringement settlements ever obtained on behalf of an individual and may be one of the largest copyright infringement settlements awarded in the state of Michigan. Bradley L. Smith, Mr. Goldman's attorney, described the litigation as a classic David versus Goliath case.
"The defendants repeatedly attempted summary judgment, delayed trial and fought aggressively to exclude our evidence, including motions to disqualify both of our liability and damages experts. The defendants became realistic about their exposure in front of a jury only after we defeated nearly a dozen motions," said Mr. Smith.
The parties settled two weeks before the scheduled jury trial.
The plaintiff was represented by Bradley L. Smith of Brinks Hofer Gilson & Lione. Defendants were represented by Dick A. Kay, Varnum Riddering Schmidt & Howlett of Grand Rapids, and Keith Dennen, Bone McAllester of Nashville. The case is Goldman v. Healthcare Management Systems, W.D. Mich. Case no. 05-cv-0035.
Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with five additional offices across the country, including Ann Arbor, serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 170 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services.
