SOURCE: Maxava


December 01, 2010 04:00 ET

Maximum Availability Adds Second Thoma Bravo Company, Sirius Computer Solutions, as Co-Defendant in Case Against Vision Solutions for False Advertising and Anti-Competitive Practices

Maxava Files Additional Claims Against Vision Solutions

IRVINE, CA--(Marketwire - December 1, 2010) - Maximum Availability, a leading worldwide provider of innovative high availability and disaster recovery software solutions for IBM i on Power Systems, has added Sirius Computer Solutions of San Antonio, Texas, as a co-defendant in a lawsuit it previously filed in the United States Federal District Court against Vision Solutions, Inc. of Irvine, California.

Vision Solutions is privately held by Thoma Bravo, LLC and sells a range of high availability products including iTERA, MIMIX, EchoCluster and Double-Take software. Sirius Computer Solutions, an information technology solution provider, is also part of the Software & Technology Portfolio of Thoma Bravo. In its lawsuit Maxava noted that Vision and Sirius had at least one common company director representing Thoma Bravo during the period of alleged wrongdoing.

The lawsuit is currently pending in the U.S, Federal Court in the Central District of California, and centers around Maximum Availability's (Maxava's) claim that Vision Solutions has created and distributed comparative marketing materials that contained false statements about Maxava and its products and services. Maxava has already won a preliminary injunction against Vision Solutions in which the Court ordered Vision to immediately stop its false advertising.

Maxava then added Sirius Computer Solutions as a co-defendant, claiming that Sirius provided the false marketing materials to a prospective customer when that customer was evaluating Maxava and Vision's competing products in September 2009. Maxava believes that Sirius has also repeatedly distributed the false advertising materials when competing with Maxava and its resellers. Discovery is on-going and Maxava is currently assessing the extent of distribution of the false claims by Sirius and Vision and the harm caused to Maxava.

Maxava has also added additional claims against Vision for trade libel, for interference with prospective economic advantage and for anti-competitive, monopolistic behavior in violation of the Sherman Act.

"It is unfortunate that we are having to take court action to ensure that IBM i customers can enjoy a fair choice of software products and have honest information on which to make an informed decision," said Allan Campbell, CEO of Maxava. 

The new claims by Maxava for anti-competitive behavior by Vision result from threats made by Vision to an independent reseller. Maxava's complaint alleges that Vision attempted to intimidate the reseller by threatening to terminate existing Vision reseller arrangements if that reseller commenced sales or marketing initiatives to promote Maxava software.

Maxava's claim alleges that such threats and intimidation stifles legitimate competition and are illegal.

In issuing the preliminary injunction, the Federal District Court found that Vision Solutions distributed comparative marketing materials that contained literally false statements about Maxava. The Court directed Vision to immediately cease further distribution of such comparative marketing documents and required Vision to issue a notice to all those, worldwide, who had received the false marketing materials including all Vision employees involved in sales and marketing to customers and potential customers, certain individuals at Sirius Computer Solutions, Inc. and all of Vision's other third-party resellers, notifying them not to use those documents and specifically warning them not to represent the false statements that Maxava lacked 24/7 global customer support or that Vision had replaced Maxava's software at more than eighty customers.

In the lawsuit, Maxava is represented by attorney Micah Jacobs of MBV Law in San Francisco.

About Maxava
Maxava is a worldwide provider of innovative high availability and disaster recovery software solutions for IBM i systems. Customers have been using Maxava HA software for a decade to ensure business continuity, reduce risk and meet regulatory requirements. Maxava's software ensures business resilience for a cross section of the world's most demanding IBM i customers through SaaS, cloud, subscription and traditional licensed software models. Maxava is privately held and has staff and customers located worldwide. Visit for more information.

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