DENVER, CO — (Marketwired) — 12/28/15 — Innoprise Software, Inc. announced today an update concerning its lawsuit in Denver, Colorado against N. Harris Computer Corporation and Harris Systems USA, Inc. (“Harris”) for numerous breaches and violations by Harris of the Asset Purchase Agreement dated April 29, 2011 (“APA”). The Harris entities are wholly-owned subsidiaries of Constellation Software, Inc., a publicly-traded software company that trades under the ticker CSU on the Toronto Stock Exchange.
On November 9, 2015 Hon. Morris Hoffman issued an Order denying Harris– Motion requesting that the Innoprise lawsuit be dismissed. Though Harris argued that essentially the entire lawsuit should be dismissed, and claimed that it had the right under the APA hide sales of the software, manipulate payments that were due to Innoprise, and improperly give away the software to Harris– GEMS clients to the detriment of Innoprise, Judge Hoffman rejected those arguments. To the contrary, Judge Hoffman specifically held that the allegations that Innoprise made in the lawsuit against Harris are the “poster child” for a violation by Harris its duty to act in good faith under the APA.
A seven-day jury trial is scheduled to begin on June 13, 2016 in the District Court, City & County of Denver, Colorado to address the significant payments that Harris failed to make to Innoprise. Discovery is continuing, and Innoprise is currently scheduled to take the deposition in Orlando, FL on January 5, 2016 of Harris– CEO, Jeff Bender. Innoprise believes that Mr. Bender was personally involved in the purchase of the Innoprise software and Harris– refusal to pay any royalties to Innoprise under the APA.
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