Many of you are probably aware by now of the court dispute between Ultrasoft and HubCreate. Today, two different press releases have been circulating among members of the industry – one from HubCreate and one from Ultrasoft.
As a news source our duty is to remain fair, balanced, and accurate. Which is why we have waited to hear both sides of the story before publishing anything. Both parties have a right to share their views and voice their opinion, so OfficingToday is running both press releases.
Below, you will find Ultrasoft’s press release, followed by that of HubCreate. We encourage you to read through both of them before reaching any conclusion. Ours is a small industry and we need to make sure that we understand everything around and about it so that we can all correctly inform the market and keep growing.
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Ultrasoft Press Release
Press Release, 08 April 2016, Staines, UK.
Hubcreate infringes UltraSoft Technologies’ Intellectual Property rights by copying its Database System and Programs
In January 2014 UltraSoft Technologies Ltd (UltraSoft) discovered that Hubcreate Ltd (formerly known as RJMetis Ltd) copied their database system. As a result, UltraSoft commenced legal proceedings against Hubcreate.
Initially Hubcreate denied any wrongdoing but subsequently admitted that it had infringed UltraSoft’s Intellectual Property (IP) rights by copying its programmes through restoring UltraSoft’s database system back up files and hosting them on its server. Hubcreate admitted some infringements prior to trial and there is a High Court Order (IPEC High Court Case No. IP-2015-000042) against Hubcreate for these infringements and Hubcreate has agreed to pay UltraSoft’s legal costs in relation to these infringements.
UltraSoft further claimed that Hubcreate communicated their Database system to the public, and in a recent trial of this and related issues the judge found on the evidence that although Hubcreate had communicated UltraSoft’s system to one customer, this does not constitute an act of infringement as there was no communication to a wider public. At the same trial, the judge ruled in favour of UltraSoft regarding the ownership and subsistence of IP rights in its database system, and that Hubcreate has no defence against the committed infringements.
“I am deeply shocked by the unlawful conduct of Hubcreate”, comments Harun Biswas, Managing Director of UltraSoft Technologies Ltd, “certainly as we operate in a sector where trust and business ethics are of paramount importance.”
A further quantum trial will take place to determine the level of damages to be awarded to UltraSoft for Hubcreate’s infringements.
HubCreate Press Release
A press release has been issued and circulated by Ultrasoft Technologies following judgement at a court hearing that took place at the Intellectual Property Enterprise Court in London earlier today.
The content of this press release is highly misleading and we want to set the record straight.
The admission of infringements that are referenced in the press release refer to the transfer of data that occurred when a customer migrated from Ultrasoft to Hubcreate’s CentreCharge billing software in 2009 and some database files were provided by the customer and copied across to facilitate the migration process.
The main allegation from Ultrasoft that Hubcreate exploited Ultrasoft’s database files to its own advantage was deemed by the Judge to have “no basis in anything beyond speculation” and was consequently struck out.
Ultrasoft insisted on pursuing further allegations which concluded in a trial in February 2016. The judgement was handed down on 16th of March 2016 and all allegations were dismissed. The conclusion from the Judge is absolutely clear in that “Hubcreate has not infringed Ultrasoft’s copyrights or database rights beyond the infringements already admitted”.
Ultrasoft were ordered today to pay Hubcreate legal costs compensation in excess of £40,000 before the 30th of April 2016.
We are delighted with the Judge’s decision and today’s award, as we have acted at all times in good faith.
To view an html copy of the draft judgement, please click here.