False promises from online companies to their customers are no longer tolerated.On Tuesday, November 10, 2015, justice was served when a jury in Silicon Valley (US District Court, Northern District of California) unanimously returned a verdict in favor of Vethan Law Firm, P.C. (VLF)’s client in a software and web application development case. The dispute involved promises made by Photon Infotech Private, Ltd. (“Photon”), an international software development company that develops unique software, including Siri (a voice recognition software used on iPhones). VLF’s client, Simulados Software, alleged that Photon promised to create a software platform for Simulados Software’s primary product on a PC and Mac platform, and a web application; but misrepresented the expertise of its design team and the quality of the products it would deliver. Photon counterclaimed that it had substantially performed and that Simulados Software failed to pay the full amount due under the contract.
VLF’s team was determined to protect their client’s interest. After a one-week trial, the jury deliberated for almost two days, and returned a verdict in favor of VLF’s client, finding that Photon breached its development contract with VLF’s client, Simulados Software, and fraudulently induced Simulados Software to sign the development contract. The jury awarded a total verdict amount of almost $900,000 in favor of Simulados Software for lost profits and out-of-pocket expenses, and did not award Photon anything on its counter-claim against Photon for payment. VLF will further claim an additional recovery of approximately $200,000 in attorney fees to represent our client and defend it against Photon’s claims.
Aggressively growing companies should be aware that misrepresentations by online service providers can cause serious harm. VLF’s business attorneys and copyright lawyers will fight to protect your intellectual property.