Veternary Data holds a license to Actian’s “Data Integrator v.9 Software,” which allows data from a first system or application to be mapped and copied to another system or application. Veternary Data filed a declaratory judgment action earlier this year, saying that Actian was accusing it of acting beyond the bounds of the license and threatening to file a breach of contract and copyright infringement suit against Veternary Data and Covetrus, Veternary’s corporate parent. Actian had accused Veternary of exceeding its number of users and demanded that they take an enterprise license at a considerably higher license rate.
Actian counterclaimed with counts of breach of contract and copyright infringement, saying that the license limited Veternary to a single use of ensuring that the software was compliant with Veternary’s systems, and prohibited commercial exploitation of the software absent a further license.
In the ensuing litigation a discovery dispute arose over the extent of damages-related discovery that Veternary must produce, with Actian seeking gross revenues for each customer for whom Veternary used the software or provided other computer services as a part of their apportionment theory of damages. Judge Rich ordered Veternary to produce the requested discovery, finding that, under the liberal interpretation of the provisions of the Federal Rules of Discovery relating to discovery, the requested information was reasonable and proportional to the needs of the case.
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