SOURCE: Innoprise Software, Inc.

April 26, 2016 12:48 ET

Innoprise Software's Lawsuit Against Harris Computer Systems (CSU) to Proceed to Jury Trial on June 13, 2016

DENVER, CO--(Marketwired - Apr 26, 2016) - Innoprise Software, Inc. announced today that it received an important Order from the Court today in its lawsuit in Denver, Colorado against N. Harris Computer Corporation and Harris Systems USA, Inc. ("Harris") for breach of the Asset Purchase Agreement dated April 29, 2011 ("APA"). While Harris had requested that the summary judgment be granted and that the lawsuit against Harris be dismissed in its entirety, the Court rejected nearly all of Harris' arguments. The Court ruled that sufficient evidence exists concerning Harris' behavior in violation of the APA that the case should proceed to trial beginning on June 13, 2016. The Court stated as follows:

[I]t appears to me from my review of this summary judgment record that the motion fails as to all the other claims because material issues of fact remain in genuine dispute, including: whether [Harris] engaged in actionable conduct post-APA as amended, which would not have been released by the APA as amended; whether [Harris] failed to report some software sales to New Customers and the effect of any such failure on [Harris's] payment obligations to [Innoprise]; whether [Harris] properly notified [Innoprise] of all the resolutions or settlements and the effect of any such failures on [Harris'] payment obligations to [Innoprise]; which party was responsible for failing to have these issues addressed by the required audit process; and whether, even if none of [Harris'] actions post-APA as amended was prohibited by the contracts, [Harris] nevertheless breached the duty of good faith and fair dealing in taking any of those actions.

Though the Court dismissed a portion of the lawsuit against Harris relating to software suites that Harris allegedly improperly stole from Innoprise, the case is set for a seven-day jury trial to begin on June 13, 2016. The parties expect many of the upper-level executives of Harris to testify in person, including Jeff Bender, Jim Simak and Dennis Asbury. 

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