Who? Siemens Industry Software, Inc. is the Plaintiff. They have sued 268 “DOE” defendants. The Plaintiff’s counsel is Reed Smith, LLP from Houston, Texas. Comcast and Charter are the Internet Service Providers involved in the case and subject to the Order granting early discovery to serve a subpoena.
What? Plaintiff has sued for infringement of its various software products including:
- NX 7, NX 8, NX 9, NX 10, NX 11, NX 12, NX 1847, NX 1855, NX 1867, NX 1880, NX 1892, NX 1899, NX 1904, NX 1907, NX 1911, NX 1915, NX 1919, NX 1926, NX 2206 and Mechatronics Concept Designer;
- Solid Edge software, including Solid Edge with Synchronous Technology;
- Star CCM software;
- Femap software;
- FloTHERM software;
- Simcenter Testlab software;
- Jack software (a human modeling and simulation software tool that allows users to populate product design models with virtual humans performing human factors for the purpose of ergonomic analysis of virtual products and virtual work environments).
The lawsuit seeks copyright infringement damages, an injunction and other specified remedies.
Where?
The lawsuit was filed in the United States District Court, Southern District of Texas, Houston Division. Our law firm has played a significant role representing Defendants in prior lawsuits filed over the past few years, and we have been previously admitted to practice before the Court.
When?
The case was filed on 02/10/23 as case number 4:23-cv-00498. The Court has permitted early discovery on the ISP’s noted above in order to seek the identity of Defendants alleged to have been involved in the infringing downloads, installation and usage of the software.
Why?
Plaintiff seeks to protect its valuable intellectual property from unlicensed usage and to deter others from engaging in illegal software piracy. They also seek to turn infringers into paying customers.
What to do next?
Many of these cases can be settled without full blow litigation being required. It depends on who the Defendant is (company vs. individual) and the scope and extent of the unlicensed usage. The best bet is to seek copyright counsel the moment you are notified or learn of the lawsuit.
Important Resources
- VIDEO: Overview of Siemens Lawsuits: https://youtu.be/YpKc-Dgx1fk
- More information on the recent Texas filing: https://www.vondranlegal.com/siemens-sues-268-john-does-in-texas-federal-court
- Copyright infringement damages: https://www.youtube.com/watch?v=LJxTTcDuhzs
