DETROIT – Compuware Corp. said it has asked a U.S. court in its software piracy case against IBM to levy sanctions on IBM for delaying release of critical evidence. Specifically, the filing asks the US District Court to order judgment in favor of Compuware on its claim that IBM stole Compuwares source code.
Compuware said that IBM provided it with the source code for verification – a critical piece of evidence in this case. But Compuware said IBM provided the code after the discovery process in the case was over, which is why Compuware said it is seeking sanctions against IBM.
“We’re requesting a default judgment in the piracy portion of our case against IBM,” said Thomas M. Costello, Jr., Compuware General Counsel in a statement.
Compuware sued IBM in March 2002 for theft of its software code. The suit also alleges that IBM is unfairly using its monopoly power in mainframe hardware and software products to compete unfairly in the software tools markets. Officials at IBM were not available for comment.
In early 2003, Compuware asked the Court for a Preliminary Injunction on IBM’s sale of the competing products. In part because there was not sufficient source code evidence, the Court ruled against Compuware’s request.
On August 11, 2004, in direct contrast to the sworn statements of its employees and the pleadings of its lawyers, IBM admits that the source code in question has apparently been simultaneously discovered at two separate facilities located on opposite sides of Australia.
“We’re eager to put our claims against IBM in front of a jury in November,” said Compuware General Counsel Thomas Costello, Jr.
