Heygood, Orr & Pearson represents plaintiff in copyright case

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by Eric Pearson

The law firm of Heygood, Orr & Pearson represents Arya Risk Management Systems in a copyright and trade secret case against Houston-based Dufossat Capital, LP.  The suit, in the United States District Court for the Southern District of Texas alleges that Dufossat is infringing Arya’s copyright on software used to analyze large amounts of date in order to determine the profitability of energy futures trades. 

The software, known as “Alpha Energy,” was granted a copyright by the U.S. Copyright Office in February 2014.  Dufossat, a company engaged in energy trading, contends that the software belongs to it because it was a “work for hire” created by Arya while Arya was providing software programming services to Dufossat.  Arya denes the software was  a work for hire, and asserts that the Arya programmers were independent contractors as to Dufossat.

In addition to providing Dufossat with software services, Arya also provided quantitative analysts (“quants”) in India who analyzed market data and recommended energy trades to Dufossat.  Dufossat agreed to pay Arya 30% of the profits earned from those trades.  While it made some of the payments relating to trades made in a single Dufossat account, it concealed from Arya the fact that it was “following” or “shadowing” those same trades in another, secret account.

Dufossat never informed Arya of those trades or the millions of dollars it made from those trades.  Similarly, it failed to pay Arya the agreed 30% of the profits made from those trades.   As a result, Arya filed suit against Dufossat for breach of contract, promissory estoppel, quantum meruit and other causes of action.

The case is currently in the discovery stage and is expected to go to trial later this year.  Arya is represented by lead attorney Eric D. Pearson of Heygood, Orr & Pearson.

Intellectual Property Lawsuits Filed By Heygood, Orr & Pearson

Intellectual property litigation can be a complex process that requires expert legal counsel. The attorneys at Heygood, Orr & Pearson have handled hundreds of commercial litigation cases involving alleged damages ranging from tens of thousands of dollars to tens of millions.

Our law firm has successfully represented businesses of all sizes, from small “mom and pop” businesses to some of the largest corporations in the world. Heygood, Orr & Pearson has the experience to take even the most complex patent case and explain it in terms a jury can understand. We have a track record of proven success representing businesses large and small.

Beyond our specific experience in the field of intellectual property, our ability to prosecute patent infringement action is aided by our extensive trial experience in general. While technical knowledge and familiarity with patent rules is a must for attorneys handling patent infringement claims, there is no substitute for courtroom experience.

If you or your company is in need of representation in an intellectual property matter, contact us for a free consultation by calling toll-free at 1-877-446-9001, or by following the link to our free case evaluation form and answering a few simple questions to get started.