Notos brochure

Conducting of IT cases (IT-litigation)

It is still relatively rarely for IT cases to be conducted before a court. For this reason it is important to commission attorneys that deal regularly with IT disputes and accordingly know the ropes not only in connection with the special technical and legal features of IT services but also in respect of the procedural opportunities with IT cases.

The specialist attorneys for IT law at Notos have conducted numerous IT cases both extra-judicially and judicially and on the side of both IT users and also of the providers of IT services.

IT cases can be classified essentially into the following categories:

Nature of the IT service

Types of legal problem

Means of attack and defence

Troubled software project Alternative performance, elimination of deficiencies, substitute performance, abatement, compensation, reverse transaction Escalation, setting of a deadline, independent evidence-taking procedure, suit for remuneration or suit for abatement, compensation and reverse transaction (rescission, giving of notice, high compensation), arrest for securing of restitution claims, offsettings and countersuits
Support and maintenance contract Elimination of deficiencies, shortfall of the SLA, compensation, giving of notice
Outsourcing projects Default with transition, defects warranty,
sanctions due to shortfall in the level of service; compensation in the case of operational failure, losses of data, deficiencies in respect of co-operation/participation performances
Software licensing Sanctions due to absence of or inadequate licensing, licence audits, defects of title, copyright infringements, information, inspection, forbearance, licence compensation Fighting off and supporting or assertion of licence audits; fighting off or assertion of licence compensation; consulting and defence in the case of criminal prosecution; building up of a licence management system
Taking away + taking over of source code Copyright infringements, know-how infringements, information, inspection, forbearance, licence compensation Initiation of and consulting in respect of preliminary criminal proceedings, initiating of and defence against warning letters, inspection and toleration orders, cease and desist orders, independent evidence-taking procedures, injunction and compensation suits
Domain-related disputes Unlawful use (trade marks, company identifiers, work titles, business name rights) Assertion of and defence in the case of warning letters, cease and desist orders and injunction and compensation suits

In the above situations our general mode of procedure is as follows:

Anticipation and configuration of a conflict situation
Troubled project situations and conflicts arise as a rule not without previous indications or announcements. In the initial stages of a conflict that is indicating itself we analyze for you the factual and legal situation in a professional and efficient manner, prepare risk and cost analyses for you and develop an overall strategy that promises success. With the aid of documentation, evidence-taking procedures, escalation, setting of deadlines, warnings, giving of notice procedures and cancellation letters we configure the situation in an active manner with you and put you into a strong position from which you can decide on the further course of action.

Settling of disputes out-of-court
In every lawsuit situation we check the opportunities for settling the dispute by mutual agreement. If you wish negotiations with the opposing side we will represent you or advise you in the background. In these situations we naturally also take into account your business-policy requirements such as the maintaining of a fundamentally functioning business relationship with the other party or the consequences of the public reporting of a court case for the image of your company.

Conducting of a case in court
Within the framework of a litigious dispute we develop with yourselves an appropriate attack and defence strategy and work towards effective and efficient conducting of the case. We put copyright inspection and forbearance claims into effect as rapidly as possible with an interim injunction or ward them off with the submission - comprehensive in so far as necessary - of a caveat. We conduct warranty processes with a comprehensive technical and expert evidence-preserving procedure or in the form of an independent evidence-taking procedure. We prepare ourselves professionally for hearings and takings of evidence. The constant objective of our case-conducting strategy is to make it possible for the court to reach a decision in line with your interests as easily as possible.

It goes without saying that following the issuing of a judgement we assert your claims rapidly and effectively - if necessary also with the aid of execution procedures.

Selection of our work in IT cases:

Client / sector

Form of process

Software marketing company

Suit for payment of a seven-figure commission sum following concluding of framework licence contract

Software company for biotechnology solutions

Suit for payment of a seven-figure remuneration sum; warding off of a countersuit for making good of loss on a biotechnology plant (seven-figure amount)

Training provider in the area of psychology as IT user of a Web application

Rescission action following withdrawal with claims for damages

Firm of accountants as out-sourcing user

Suit against an IT-hoster on the grounds of data losses for several weeks

Security solution provider as IT user

Action against an ERP software provider for compensation and reverse transaction

Marketing company as customer ordering a customized software

Warding off of remuneration claims

Media group as customer ordering IT administration, support and maintenance services

Cease and desist order against prohibited "Remote maintenance"; warding off of a suit for remuneration following extraordinary giving of notice; countersuit with compensation

Beverage manufacturer as IT user

Supporting of a licence audit

IT-provider of a Web application for printing of prospectuses

Cease and desist orders against former employees on the grounds of taking away of source code

Electronics manufacturer following termination of a research and development co-operation

Warding off of an injunction suit on the grounds of the existence of the usufructuary rights to software as granted

A considerable number of owners of trademarks and domains

Assertion of a dispute entry and injunction and cancellation suits against infringers and freeloaders

Chemicals and pharmaceuticals group

Reverse transaction of an IT project

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