Case: Copyrights/Infringement (D. Minn.)

Fairview Health Services’ motion to dismiss Quest Software Inc.'s counterclaim for copyright infringement, in FHS’ declaratory contract action against QS, was denied by the federal district court in Minnesota. The court noted that the parties’ 2013 Software Transaction Agreement granted FHS a license only to “the quantities of each item of Software identified in the applicable Order,” and although the true-up provision of the STA, which allowed QS to audit FHS’ deployment of the software, provided a remedy should FHS be found to exceed that quantity, the provision did not expressly give FHS the right to do so; thus, QS ...