Maxava also alleges Vision engaged in anti-competitive practices, while Vision asks for a dismissal maintaining the suit is without merit.
Maximum Availability announced this week that it has added Sirius Computer Solutions of San Antonio, Texas, as a co-defendant in a previously filed lawsuit against Vision Solutions.
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 solutions provider, is also part of the same Software and Technology portfolio of Thoma Bravo. In its lawsuit, Maxava states 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 created and distributed comparative marketing materials that contained false statements about Maxava and its products and services. Maxava already has a preliminary injunction from the court against Vision Solutions in which the court ordered Vision to immediately stop engaging in any false advertising.
Maxava has now added Sirius Computer Solutions as a co-defendant in the suit 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 says that it believes Sirius has repeatedly distributed the false advertising materials when competing with Maxava and its resellers. Discovery is ongoing, and Maxava says it is currently assessing the extent of distribution of the false claims by Sirius and Vision and the harm caused to Maxava.
Maxava says it has also added additional claims against Vision for alleged trade libel, interference with prospective economic advantage, and alleged anti-competitive and monopolistic behavior in alleged 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.
Maxava's new claims for alleged anti-competitive behavior by Vision result from threats allegedly made by Vision to an independent reseller, according to Maxava. 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 threats and intimidation stifle legitimate competition and are illegal.
In issuing the preliminary injunction, the 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 it 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 80 customers.
In the lawsuit, Maxava is represented by attorney Micah Jacobs of MBV Law in San Francisco.
Editor's Note: Upon receiving a copy of the above Maxava press release, Vision Solutions issued a statement through its public relations department that said: "Since the lawsuit was originally filed, Vision Solutions has consistently stated that it believes that Maxava's suit is without merit. Vision Solutions continues to stand by this position and further believes that Maxava' claims, in its recent amendment to its complaint, are without merit as well, and, as such, has filed a motion to dismiss these claims."
When contacted by MC Press Online, Sirius Computer Solutions said, "We are aware of this development and, at this point, have no comment. It's our policy not to comment on litigation." The company said it would inform MC Press readers should it change its position and decide to issue a public statement regarding the suit at some future time.
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