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Dassault Systemes Solidworks Corporation v. Acme High Performance Laboratories, LLC

Posted by Steve Vondran | Oct 10, 2024

Vondran Legal® Dassault-Solidworks Litigation Defense.  If you are facing a legal disputes with this software company, call us at (877) 276-5084.  We have been defending good clients for years.  

Software infringement defense Solidworks

Introduction

This blog discusses a lawsuit filed by Dassault (the maker of the popular Solidworks product), in North Carolina for copyright infringement.  Plaintiff is alleging Defendant used unlicensed software on (5) computers.  This blog discusses Vondran Legal® experience dealing with the Harness Dickey Law Firm for the last several years, settling hundreds of software licensing infringement cases.

Dassault v. Acme High Performance Laboratories

Case Citation:  5:24-cv-207

Here are some sample allegations from the complaint.  The plaintiff bears the burden of proof:

DS SolidWorks and the Copyrighted Works

DS SolidWorks is the creator, author, and owner of the software code for the
SOLIDWORKS software package, which is a computer-aided design (“CAD”) software package.


DS SolidWorks has created, authored, and is the owner of various “releases” of
SOLIDWORKS, each building upon the prior release.


DS SolidWorks owns many copyright registrations for the SOLIDWORKS
software package, including the registrations in Table 1 below, also attached as Exhibit 1, hereto.

Registration Number Registration Name


TX 0005225647 SolidWorks 2000
TX 0005666476 SOLIDWORKS 2001 PLUS
TX 0005725523 SOLIDWORKS 2003
TX0008284758 SOLIDWORKS 2016
TX 0008443820 SOLIDWORKS 2017
TX 0008895494 SOLIDWORKS 2019
TX000885576 SOLIDWORKS 2020
TX 0009112305 SOLIDWORKS 2021
TX0009277249 SOLIDWORKS 2023

Detection of Infringement by Defendants

The SOLIDWORKS software incorporates detection and monitoring technology that detects and identifies use of unlicensed and unauthorized copies of the SOLIDWORKS software and transmits identifying data to DS SolidWorks over the internet when such unauthorized uses occur.

Through its monitoring technology, DS SolidWorks detected at least 1,245 uses of
unlicensed and unauthorized copies of the SOLIDWORKS software on at least five computers
having Media Access Control (“MAC”) addresses as shown below in Table 2 (the “Computers”).


Computer MAC Address

19cebe88f43eb d8cb8af23ae6
00d861e79a08 00dbdf46b928
3c58c2ee0f1b c465163777e4
04e8b9822de1 00dbdf46b929
04e8b9822de5 402343c78e17
2 bc5ff4fd3231
c4411efe27e3
3 acd1b8d88691
989096e45f23
4 04421a867891
ec63d7cbbe57
5 482ae33a9150

Computer 1

Through its monitoring technology, DS SolidWorks detected that at least 638 of the 1,245 identified uses of unlicensed and unauthorized copies of the SOLIDWORKS software occurred on Computer 1. 22. Through its monitoring technology, DS SolidWorks detected Wi-Fi geolocation data showing that 77 of the above-identified 638 uses of unauthorized and unlicensed copies of the SOLIDWORKS software occurred while Computer 1 was physically located at 709 Performance Rd., Mooresville, NC 28115. 23. Acme operates out of 709 Performance Rd., Mooresville, NC 28115. 24. Through its monitoring technology, DS SolidWorks detected Wi-Fi Geolocation Data showing that 182 of the above-identified 638 uses of unauthorized and unlicensed copies of the SOLIDWORKS software occurred while Computer 1 was physically located at 460 E Plaza Dr., Mooresville, NC 28115.


Acme operates out of at 460 E Plaza Dr., Mooresville, NC 28115.

Through its monitoring technology, DS SolidWorks detected Wi-Fi Geolocation
data showing that 358 of the above-identified 638 uses of unauthorized and unlicensed copies of
the SOLIDWORKS software occurred while Computer 1 was physically located at 180 Commerce
Blvd., Statesville, NC 28625.

Acme used to operate out of 180 Commerce Blvd., Statesville, NC 28625.

Unauthorized and unlicensed copies of the SOLIDWORKS software were used at
Acme's locations.

Upon information and belief, Acme owns Computer 1.

Acme's website contains images of components that appear to have been designed
with a CAD program like SolidWorks.

Upon information and belief, unauthorized and unlicensed copies of the
SOLIDWORKS software were used to do work for Acme.

Through its monitoring technology, DS SolidWorks detected Wi-Fi geolocation
showing that 19 of the above-identified 638 uses of unauthorized and unlicensed copies of the
SOLIDWORKS software occurred while Computer 1 was physically located at 131 Springdale
Acres Dr., Mooresville, NC 28115 Ringwald lives at 131 Springdale Acres Dr., Mooresville, NC 28115.

Upon information and belief, the username on Computer 1 begins with “Kyle”.

Kyle is Ringwald's first name

Ringwald has used Computer 1. 

Ringwald has used unauthorized and unlicensed copies of the SOLIDWORKS software on Computer 1.

Ringwald's LinkedIn profile indicates that he works in Engineering for Acme. Ringwald's LinkedIn profile is attached as Exhibit 2, hereto. See https://www.linkedin.com/in/kyleringwald/. 

Ringwald has used unauthorized and unlicensed copies of the SOLIDWORKS software on Computer 1 to do work for Acme.

Similar allegations were made for (4) other computers. 

Copyright infringement damages are being sought.

Contact our software licensing and defense team

If you are dealing with a legal dispute, software audit, or infringement demand from Solidworks (Dassault) or its software mediators, call us to discuss.  We have helped hundreds and hundreds of companies across the United States handle and defend these cases brought as federal copyright infringement disputes.  Call us at (877) 276-5084 or fill out our contact form on the right side of this page, and we will contact you.

About the Author

Steve Vondran
Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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