Aatrix Software v. Green Shades Software
Aatrix Software v. Green Shades Software
2021 WL 9763168 (M.D. Fla. 2021)
July 27, 2021
Schlesinger, Harvey E., United States District Judge
Summary
Aatrix Software, Inc. requested access keys from Green Shades Software, Inc. to use copies of Green Shades' software and access an online demo of the Payroll Tax Service product. After a back and forth between the parties, the court granted Aatrix's motion, ordering Green Shades to provide Aatrix's counsel and its infringement experts with access keys and access to the online demo account. The court also noted that if Aatrix misuses its access, Green Shades may file a motion at the relevant juncture.
Additional Decisions
AATRIX SOFTWARE, INC., Plaintiff,
v.
GREEN SHADES SOFTWARE, INC. Defendant
v.
GREEN SHADES SOFTWARE, INC. Defendant
No: 3:15-cv-164-HES-MCR
United States District Court, M.D. Florida
Filed July 27, 2021
Counsel
Aaron Johnson, Pro Hac Vice, John B. Lunseth, Pro Hac Vice, Mira Vats-Fournier, Taft Stettinius & Hollister LLP, Minneapolis, MN, Joanne M. O'Connor, Jones Foster PA, West Palm Beach, FL, for Plaintiff.Ethan Andrew Way, Way Law Firm, P.A., Tallahassee, FL, Harold Timothy Gillis, Jeffrey S. York, Jessica Morgan Martens, Shutts & Bowen LLP, Jacksonville, FL, Nancy A. Johnson, Littler Mendelson, PC, Orlando, FL, Jason Paul Mehta, Natalie Adams, Foley & Lardner LLP Bradley Arant Boult Cummings LLP, Tampa, FL, Woodrow Heath Pollack, Shutts & Bowen, LLP, Tampa, FL, Joseph W. Bain, Shutts & Bowen, LLP, West Palm Beach, FL, for Defendant.
Schlesinger, Harvey E., United States District Judge
ORDER
*1 This CAUSE is before the Court on Plaintiff Aatrix Software, Inc.’s (“Aatrix”) “Motion to Amend the Amended Case Management and Scheduling Order” (Dkt. 298), and Green Shades’ Software, Inc.’s (“Green Shades”) “Response in Opposition to Plaintiff's Request for Order Requiring Product Access in Plaintiff's Motion to Amend the Amended Case Management and Scheduling Order.” (Dkt. 305).
Aatrix requests Green Shades renew access keys to allow it to use copies of Green Shades’ software—the Tax Filing Center (TFC), and to access an online demo of the Payroll Tax Service (“PTS”) product. (Dkt. 298). Plaintiff has had copies of the TFC software for years. However, according to Aatrix, on June 10, 2021, while attempting to prepare demonstrative exhibits for the upcoming trial, Aatrix's counsel realized that the access keys for online access to the PTS demo and the TFC software were no longer functional.
After a back and forth between the parties, Green Shades, eventually indicated a willingness to comply with the request, but expressed hesitation about how items at issue would be utilized by Plaintiff. In accord, Green Shades requested written assurances that the access keys would be used only to create demonstratives, as opposed to being weaponized to find new theories of infringement on which to capitalize on the eve of trial. Aatrix refused to provide any written assurances or representation that would limit the usage of the demo or the software.
At this point, the borders of the litigation should be clear to all parties. Amended Infringement, Non-Infringement, and Invalidity Contentions were due in January 2020; the discovery deadlines have passed, and the Court has recently addressed what products / components are part of the case. (Dkt. S-312). The Court can see no reason to disallow Plaintiff access to software/demos it once had access to at this stage. See Federal Rule of Evidence 34(a)(1)(A) (mandating electronically stored information to be produced and available in a “reasonably usable form[.]”); Dkt. S-312, page 10 (noting the matter should be litigated on the merits).
Accordingly, it is hereby ORDERED:
1. Aatrix's “Motion to Amend the Amended Case Management and Scheduling Order” (Dkt. 298) is GRANTED in its entirety;
2. Green Shades is ORDERED to provide Aatrix's counsel and its infringement experts with access keys for operating software (“TFC” software) currently in the possession of Aatrix, and access to the online demo account (for the “PTS” product), within seven (7) business days of the entry date of this Order;
3. If and to the extent Plaintiff “misuses” its access to broaden or otherwise affect the scope of the case, the Court will entertain a Motion from Green Shades at the relevant juncture.
DONE and ORDERED at Jacksonville, Florida, this 27th day of July, 2021.