An Ann Arbor law office Monday announced a settlement of more than $3 million for a computer software copyright infringement case.
Brinks Hofer Gilson & Lione said its client, Joel Goldman of Stanwood, won the settlement against defendants Healthcare Management Systems Inc. of Nashville, Tenn. and its founder, Tom Givens.
The case had been pending before Judge Paul Maloney in the U.S. District Court for the Western District of Michigan, but was settled two weeks before a scheduled jury trial.
Brinks officials said that in 1983, Goldman, a software programmer, provided Givens with an evaluation copy of his software. The software related to hospital administration and maintenance of medical records. Goldman claimed that the defendants copied and modified his source code and distributed it to their customers. Defendants denied liability and damages.
Brinks officials said 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, 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," Smith said. "The defendants became realistic about their exposure in front of a jury only after we defeated nearly a dozen motions."
The case is Goldman v. Healthcare Management Systems, W.D. Mich. Case no. 05-cv-0035.
More at www.usebrinks.com.
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