• No results found

Case 1:19-cv RGS Document 20 Filed 08/27/19 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

N/A
N/A
Protected

Academic year: 2022

Share "Case 1:19-cv RGS Document 20 Filed 08/27/19 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS"

Copied!
19
0
0

Loading.... (view fulltext now)

Full text

(1)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

INNOVATIVE INTERFACES, INC., Plaintiff,

v.

EBSCO PUBLISHING, INC., Defendant.

CIVIL ACTION NO. 1:19-cv-11345-MPK

COUNTERCLAIM OF EBSCO PUBLISHING, INC.

Now comes Defendant/Counterclaim Plaintiff EBSCO Publishing, Inc. (“EBSCO”) and makes the following Counterclaim against Plaintiff/Counterclaim Defendant Innovative

Interfaces, Inc.

PARTIES AND JURISDICTION

1. EBSCO Publishing, Inc., which does business as EBSCO Information Services

(“EBSCO”), is an Alabama corporation that develops and sells online research databases, journals, and subscriptions in the academic and business markets.

2. Innovative Interfaces, Inc. (“Innovative”) is a California corporation which sells an integrated library system (“ILS”) product which permits library users to access a library’s resources from one point.

3. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1332 because the parties are citizens of different states and the amount in controversy exceeds $75,000. The Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).

ALLEGATIONS OF FACT

4. EBSCO and Innovative serve many of the same customers, specifically public, academic and research libraries, both in the United States and abroad.

(2)

5. EBSCO developed a software produced called EBSCO Discovery Service (also referred to as “EDS”), which enables a user to search a library’s online content.

6. EBSCO Discovery Service may be used in conjunction with Innovative’s Integrated Library Service (“ILS”) to enable a user to search all of a library’s content that is available through Innovative’s ILS.

7. In 2012, Innovative and EBSCO engaged in negotiations to work together to integrate EBSCO’s enhanced EDS application programming interface (“API”) so the two companies could serve their joint customers better, by building in the ability to provide a unified display for libraries employing Innovative’s ILS and EBSCO Discovery Service.

8. At that time, Innovative and EBSCO were marketing and selling to many of the same customers and prospective customers, and were interested in entering into an agreement that would allow them to work together to ensure interoperability of their respective products.

9. The parties entered into a Memorandum of Understanding (“MOU”) on June 5, 2012. The preamble to the MOU provided that “Innovative Interfaces and EBSCO desire to facilitate access to EBSCO Discovery Service (EDS) and appropriate EBSCOhost databases to mutual customers via Innovative’s Encore through the use of the EDS API.” The MOU, drafted by Innovative, refers to “mutual customers” throughout.

10. The bundled product that was developed became known as Encore Duet with EDS.

11. After negotiations back and forth over the proposed terms, the parties entered into the EBSCO Discovery Service Partnership and Reciprocal Access to Content Search and Technology Agreement (“the Agreement”).

(3)

12. The Agreement permitted Innovative to sell EDS to its ILS customers as part of Encore Duet with EDS and for Innovative to receive a 50% commission on such sales. Agreement at § 5.4.

13. The Agreement provided for a three year term, with automatic three year renewals unless either party elected not to renew the agreement by notifying the other party of its intent not to renew prior to 90 days before the contract expiration date. Agreement at § 10.2

14. The Agreement was amended in writing on June 25, 2013 and on December 18, 2014.

15. As Amended, the Agreement permitted Innovative to grant subscribers to Encore Duet with EDS access to EBSCO’s Knowledge Base software (which contains extensive, detailed information about libraries’ subscriptions) without additional compensation.

16. The Agreement automatically renewed in 2015 for a three year term that was due to expire on August 28, 2018.

17. Both at the inception of the Agreement, and throughout the time that it was in effect, purchasers of the Encore Duet with EDS product were “joint” or “mutual” customers.

18. Innovative has acknowledged that customers were “joint” or “mutual” customers on numerous occasions.

19. The Agreement provided, inter alia, that:

Innovative acknowledges that mutual customers of Innovative and EBSCO must abide by the then current EBSCO License agreement/s in place between EBSCO and its clients in order to access the EBSCO database content and technology services. This agreement is not meant to assign, waive, or supersede any terms set forth in the EBSCO License Agreements.

Agreement at § 2.2.

20. In addition, both parties agreed to “provide support to mutual customers in order to

implement services discussed within this Agreement, in accordance with whatever support agreements are in place with said customer.” Agreement at § 2.7.

(4)

21. EBSCO provides support to customers who subscribe to Encore Duet with EDS. See, e.g., https://connect.ebsco.com/s/article/Innovative-Interfaces-Encore-Duet-EBSCO-

Discovery-Service-Support-Reference-Guide-for-Administrators?language=en_US.

22. EBSCO provides resources, training and technical support to the mutual customers.

23. Subscribers to Encore Duet with EDS enter into a license agreement with EBSCO. They additionally interact with EBSCO in connection with keeping EBSCO apprised of their institutional holdings and subscriptions so that EBSCO may properly manage the customers’ access consistent with copyright laws and license agreements for content providers.

24. The parties to the Agreement contemplated that it would be subject to continual review and adaptation to adequately reflect new opportunities and respond to the changing business landscape. Second Amendment to Agreement at para. 5 of the “Whereas” clause.

25. During the terms of the Agreement, EBSCO was entitled to set the price for all EDS sales, including those sold and processed by Innovative. Agreement at § 5.5.

26. Innovative was required to request pricing for prospects from EBSCO.

27. However, Innovative frequently failed to comply with these terms or to communicate with EBSCO regarding pricing negotiations.

28. For example, Innovative frequently altered start dates or prorated contracts with customers, thereby reducing the fees to be collected for EDS, without consulting EBSCO.

29. In at least one instance, EBSCO learned that Innovative had responded to a university customer’s request for proposal with EDS included, without consulting with EBSCO on pricing.

(5)

30. In another instance, EBSCO discovered that Innovative had charged a customer just half of what EBSCO had quoted for a three year contract, and had failed to provide for increases in the subsequent renewals.

31. Innovative also frequently failed to provide accurate or up to date information to EBSCO with respect to the terms of contracts into which it entered with customers subscribing to Encore Duet with EDS.

32. Accordingly EBSCO was often unable to determine when the subscriptions commenced and expired, and also was unable to determine whether Innovative had remitted the proper amount of payment on such contracts.

33. Innovative frequently failed to timely remit payment to EBSCO for sales of EBSCO Discovery Service as required by the Agreement.

34. In 2018, Innovative announced plans to launch a product which would compete with EBSCO Discovery Service, a product called Innovative Inspire Discovery.

35. As the August 28, 2018 renewal date for the Agreement approached, the parties were in discussions regarding renegotiating certain terms of the Agreement.

36. On May 28, 2018, EBSCO notified Innovative of its intent not to renew the Agreement by email, 91 days before the contract was set to renew on August 28, 2018 in accordance with

§ 10.2 of the Agreement.

37. Innovative’s general counsel acknowledged that communication with a response of “Duly noted.” Innovative did not object or advise that the notice was deficient in any way.

38. Thereafter, the parties continued to discuss terms for a new agreement, while continuing to do business on an at will basis.

39. On April 18, 2019, EBSCO advised Innovative that it was terminating the agreement under which they had been operating.

(6)

40. Innovative’s general counsel received and acknowledged the receipt of the notice of termination, and did not object.

41. Since April 18, 2019, EBSCO has not authorized any new sales or renewals of the Encore Duet with EDS product.

42. However, on information and belief, Innovative has purported to renew at least four customers’ subscriptions with Encore Duet with EDS since April 18, 2019, without authority to do so.

43. The only obligations that survive the termination of the Agreement are those set forth at § 10.3, which provides:

In the event of termination, the parties agree to continue to cooperate with each other for such period of time as shall be necessary for the parties to satisfy the obligations under any existing contracts they may have entered into for up to one year after termination. No new or renewal orders may be taken after termination of the Agreement.

44. No restrictions on communicating with joint customers survive termination.

45. No restrictions on publicity, pricing, or competition between the parties survive termination of the Agreement.

46. EBSCO’s sales representatives have contacted the parties’ joint customers to offer

subscriptions to EBSCO Discovery Service via EBSCO’s native platform upon expiration of their subscriptions for Encore Duet with EDS.

47. To the extent EBSCO lacked information or had inaccurate information about customers’

subscription terms, it was the result of inadequate information and inaccurate records provided by Innovative.

48. On Friday, May 17, 2019, on information and belief, Innovative sent out an email blast to the parties’ joint customers (“the May 17 Communication”), stating the following:

(7)

Innovative is currently in discussions with EBSCO about our partnership for Encore Duet. Please be assured that Innovative’s goal in these discussions is to ensure that your library continues to receive the services you want with no disruption or additional work for you, your team, or your library community.

If you receive a call or communication from EBSCO regarding paying them directly for EDS, do not pay them and please let your Account Manager know.

You currently have a contract with Innovative for EDS as part of your contract for Encore Duet. As long as you want to use it, Innovative will honor that contract, continue to invoice you for EDS, and continue to revert the required payment to EBSCO. You do not need to sign a direct contract with EBSCO and should not accept invoices from EBSCO directly.

If you are interested in a new discovery solution, we can also now offer Inspire Discovery, the most advanced discovery solution on the market. If you would like to see Discovery, your Account Manager can set up a demo and share special offers with you.

If you have any questions, please contact your Account Manager or sales@iii.com.

We appreciate your partnership and business.

49. The May 17 Communication was false or misleading in multiple respects.

50. As of May 17, 2019, Innovative was no longer “in discussions” with EBSCO regarding their partnership for Encore Duet with EDS. Rather, EBSCO had terminated the

Agreement, and Innovative had subsequently acknowledged its right to do so.

51. The May 17 Communication improperly and groundlessly instructed customers not to enter into a new subscription agreement with EBSCO.

52. The May 17 Communication falsely implied that EBSCO’s communications with its customers was improper.

53. The May 17 Communication incorrectly stated that “[a]s long as you want to use [your contract with Innovative for EDS], Innovative will honor that contract, continue to invoice you for EDS, and continue to revert the required payment to EBSCO.” This statement was false and misleading where EBSCO had terminated the Agreement, such that Innovative would no longer be permitted to: enter into new agreements for Encore Duet with EDS;

(8)

renew previous agreements for Encore Duet with EDS; or provide access to EDS, invoice customers for the subscription, or “revert” payment to EBSCO following the one year post- termination wind down period.

54. The May 17 Communication further stated that if the customers were interested in a new discovery solution, Innovative was offering Inspire Discovery. Innovative stated that Inspire Discovery is “the most advanced discovery solution on the market,” implying that it is superior to EBSCO Discovery Service.

55. Innovative issued the May 17 Communication as retaliation for EBSCO’s lawfully terminating the Agreement, with malicious intent, and in order to knowingly and

intentionally interfere with EBSCO’s ongoing and prospective advantageous relationships with its customers.

56. The next day, May 18, 2019, Innovative sent a cease and desist letter to EBSCO, claiming that it had been informed by various customers to whom they had “resold” EDS and another product, NoveList, that EBSCO had reached out to them directly with invoices requesting payment for EDS and NoveList to go directly to EBSCO going forward.

57. The cease and desist letter asserted that such communications constituted a breach of the Agreement and demanded they immediately cease. Innovative did acknowledge that

“EBSCO is well within its right to terminate the partnership,” but claimed the

communications from EBSCO’s sales staff were improper and were causing customer confusion.

58. On information and belief, Innovative has also falsely informed individual EBSCO customers that EBSCO does not have the right to sell EDS directly to the customers, or to receive direct payment for the subscription.

(9)

59. Innovative has knowingly interfered with EBSCO’s advantageous business and contractual relationships with existing and prospective subscribers to the EDS product.

60. Innovative has done so using improper means, including false and misleading statements, for an improper purpose, attempting to cut off legitimate competition.

61. Innovative has engaged in unfair and deceptive trade practices, designed to unfairly compete with EBSCO and harm its financial and reputational interests.

62. Prior to the termination of the Agreement, Innovative breached the terms of the Agreement by failing to comply with its terms regarding pricing for EDS as a component of Encore Duet with EDS, and by unilaterally changing and prorating subscription commencements dates, resulting in payment of less than what EBSCO was owed on those contracts.

COUNT I

Tortious Interference with Advantageous Business Relationships

63. EBSCO repeats and incorporates all of the foregoing allegations in the Counterclaim as if set forth fully herein.

64. EBSCO has advantageous business relationships with its own customers and with the mutual customers who have subscribed to Encore Duet with EDS.

65. Subscribers to Encore Duet with EDS enter into a license agreement with EBSCO when using EBSCO Discovery Service.

66. EBSCO provides subscribers to Encore Duet with EDS with technical support, education, and training.

67. EBSCO derives substantial revenue as a result of mutual customers subscribing to EDS via the Encore Duet with EDS product.

68. Innovative has knowledge of the advantageous relationship between EBSCO and subscribers to Encore Duet with EDS, because under the terms of the Agreement, it was

(10)

required to obtain pricing for EDS from EBSCO prior to contracting with any subscribers, and because it was required to remit the subscription fee, less a commission, to EBSCO.

69. In retaliation for EBSCO’s proper termination of the Agreement, and in response to EBSCO sales representatives contacting mutual customers to advertise the fact that subscriptions for the EBSCO Discovery Service are available directly from EBSCO, Innovative knowingly, intentionally, and with malice, interfered with EBSCO’s advantageous business relationships with these customers by:

a. Retaliating against EBSCO by contacting customers to wrongfully demand that the customers do not pay EBSCO directly for EDS;

b. Falsely stating to mutual customers that Innovative was “in discussions” with EBSCO regarding their partnership for Encore Duet with EDS, despite its knowledge that, EBSCO had terminated the Agreement, and Innovative had subsequently

acknowledged its right to do so;

c. Falsely stating to mutual customers that Innovative would be able to provide EDS as part of its Encore Duet with EDS subscription “[a]s long as you want to use it,” with the knowledge that the Agreement had been terminated and that Encore Duet with EDS would no longer be available for renewals or new subscriptions going forward;

d. Falsely stating to mutual customers that the customers “should not accept invoices from EBSCO,” without regard to whether the customers wished to continue to subscribe to EDS outside of the Encore Duet with EDS platform;

e. Deceptively advising mutual customers that they must not contract with EBSCO directly for EDS, while simultaneously offering to substitute its own competing

“discovery solution,” Inspire Discovery;

(11)

f. Stating that its competing discovery solution, Inspire Discovery,” was “the most advanced discovery solution on the market,” in comparison to EBSCO’s EDS.

70. As a result of Innovative’s conduct, EBSCO has suffered injury to its commercial interest in the form of lost sales, and injury to its reputation due to Innovative’s portrayal of EBSCO’s communications as improper.

COUNT II

Unfair and Deceptive Trade Practices M.G.L. c. 93A, § 11

71. EBSCO repeats and incorporates all of the foregoing allegations in the Counterclaim as if set forth fully herein.

72. EBSCO has suffered loss of money as a result of the use or employment by Innovative of the unfair and deceptive trade practices described in the preceding paragraphs, including but not limited to:

a. Interfering with EBSCO’s advantageous relationships with mutual clients;

b. Retaliating against EBSCO for exercising its contractual rights, including but not limited to its right to terminate the Agreement;

c. Falsely advertising its competing discovery product as “the most advanced ever,” in comparison to EBSCO’s EDS;

d. Unfairly demanding that mutual customers not contract with EBSCO for EDS, while simultaneously soliciting sales for its own competing discovery product.

73. Innovative’s unfair and deceptive acts and practices constitute violations of M.G.L. c.

93A.

74. The use or employment of unfair and deceptive practices set forth herein were willful and knowing violations of M.G.L. c. 93A.

(12)

75. The unfair and deceptive practices set forth herein were and continue to be damaging to EBSCO.

76. Pursuant to M.G.L. c. 93A and Innovative’s violations thereof, EBSCO is entitled to seek treble damages, interest, fees and costs.

COUNT III Unfair Competition

Cal. Bus. & Prof. Code § 17200 and Common Law

77. EBSCO repeats and incorporates all of the foregoing allegations in the Counterclaim as if set forth fully herein.

78. EBSCO has suffered loss of money as a result of the use or employment by Innovative of the unfair and deceptive trade practices described in the preceding paragraphs, including but not limited to:

a. Interfering with EBSCO’s advantageous relationships with mutual clients;

b. Retaliating against EBSCO for exercising its contractual rights, including but not limited to its right to terminate the Agreement;

c. Falsely advertising its competing discovery product as “the most advanced ever,” in comparison to EBSCO’s EDS;

d. Unfairly demanding that mutual customers not contract with EBSCO for EDS, while simultaneously soliciting sales for its own competing discovery product.

79. Innovative’s unfair and deceptive acts and practices constitute violations of Cal. Bus. &

Prof. Code § 17200 and California common law.

80. The use or employment of unfair and deceptive practices set forth herein were willful and knowing violations of Cal. Bus. & Prof. Code § 17200 and California common law.

(13)

81. The unfair and deceptive practices set forth herein were and continue to be damaging to EBSCO.

82. Pursuant to California law and Innovative’s violations thereof, EBSCO is entitled to seek damages, civil penalties, interest, fees and costs.

COUNT IV Breach of Contract

83. EBSCO repeats and incorporates all of the foregoing allegations in the Counterclaim as if set forth fully herein.

84. During the terms of the Agreement, EBSCO was entitled to set the price for all EDS sales, including those sold and processed by Innovative. Agreement at § 5.5.

85. Innovative was required to request pricing for prospects from EBSCO.

86. However, Innovative frequently failed to communicate with EBSCO regarding pricing issues.

87. For example, Innovative frequently altered start dates or prorated contracts, reducing the fees to be collected for EDS, without consulting EBSCO.

88. In at least one instance, EBSCO learned that Innovative had responded to a university customer’s request for proposal with EDS included, without consulting with EBSCO on pricing.

89. In another instance, EBSCO discovered that Innovative had charged a customer just half of what EBSCO had quoted for a three year contract, and had failed to provide for increases in the subsequent renewals.

90. Innovative also frequently failed to provide accurate or up to date information to EBSCO with respect to the terms of contracts into which it entered with customers subscribing to Encore Duet with EDS.

(14)

91. As a result of these breaches, EBSCO suffered damages in that it did not realize the full benefit of the bargain under the terms of the Agreement.

92. In addition, EBSCO was often unable to determine when the subscriptions commenced and expired, and also was unable to determine whether Innovative had remitted the proper amount of payment on such contracts.

93. Innovative also frequently failed to timely remit payment to EBSCO for sales of EDS as required by the Agreement.

94. As a result of Innovative’s breaches of the Agreement, EBSCO has suffered damages.

COUNT V Declaratory Judgment

95. EBSCO repeats and incorporates all of the foregoing allegations in the Counterclaim as if set forth fully herein.

96. Pursuant to 28 U.S.C. § 2201, EBSCO seeks a declaration of rights with respect to the termination of the Agreement and the Parties’ post termination rights and obligations.

97. As set forth in the foregoing allegations, subscribers to Encore Duet with EDS were mutual customers of Innovative and EBSCO, as acknowledged by the Parties in the Agreement.

98. EBSCO was not contractually or otherwise barred from contacting subscribers whose renewal dates EBSCO believed were approaching about subscribing to EDS directly with EBSCO, including prior to the termination of the Agreement on April 18, 2019.

99. The notice of non-renewal sent by EBSCO to Innovative’s general counsel on May 28, 2018 was effective to prevent the Agreement from automatically renewing on August 28, 2018.

(15)

100. The notice of termination sent by EBSCO to Innovative’s general counsel on April 18, 2019 was effective to terminate the Agreement and rights and obligations under the Agreement, except as expressly provided at § 10.3 of the Agreement, which provides:

In the event of termination, the parties agree to continue to cooperate with each other for such period of time as shall be necessary of the parties to satisfy the obligations under any existing contract they may have entered into for up to one year after termination. No new or renewal orders may be taken after termination of the Agreement.

101. Following April 18, 2019, Innovative has no right to enter into any new or renew any existing subscription agreements for Encore Duet with EDS or EDS as a standalone product.

102. EBSCO is not contractually or otherwise barred from marketing EBSCO Discovery Service to customers with expiring subscriptions for Encore Duet with EDS.

103. EBSCO is not contractually or otherwise barred from marketing EBSCO Discovery Service to customers with multi-year subscriptions with Innovative for Encore Duet with EDS.

104. In light of the language of § 10.3 of the Agreement, EBSCO’s only surviving obligation following the April 18, 2019 termination is to cooperate with Innovative to ensure that obligations under existing contracts (i.e., contracts entered into prior to April 18, 2019) are satisfied during the one year period from April 18, 2019 to April 18, 2020.

105. Following the expiration of the one year cooperation period, which expires on April 18, 2020:

a. EBSCO has no obligation to allow Innovative to provide customers with EBSCO Discovery Service as part of a bundled product, regardless of the terms of Innovative’s contracts with subscribers to Encore Duet with EDS;

(16)

b. Innovative has no right to invoice customers for EDS subscriptions, or to receive a commission on any EDS subscriptions, regardless of the terms of Innovative’s contracts with subscribers to Encore Duet with EDS;

c. Innovative has no right to receive any commissions on subscriptions or sales of any EBSCO product;

d. Innovative has no right to provide customer access to EBSCO Knowledge Base without additional compensation to EBSCO;

e. EBSCO is not contractually or otherwise required to provide Innovative with support or updates for its Knowledge Base software without compensation;

PRAYER FOR RELIEF

Wherefore, Counterclaim Plaintiff EBSCO Publishing, Inc. respectfully request that the Court:

1. Enter judgment in its favor on all counts set forth in the Counterclaim;

2. Award EBSCO Publishing, Inc. actual, statutory, double or treble damages, and/or civil penalties as provided by statute;

3. Award EBSCO Publishing, Inc. its costs, expenses and attorneys’ fees;

4. Make the following declarations of rights:

a. That subscribers to Encore Duet with EDS were mutual customers of Innovative and EBSCO, as acknowledged by the Parties in the Agreement;

b. That EBSCO was not contractually or otherwise barred from contacting subscribers whose renewal dates EBSCO believed were approaching about subscribing to EDS directly with EBSCO, including prior to the termination of the Agreement on April 18, 2019;

(17)

c. That the notice of non-renewal sent by EBSCO to Innovative’s general counsel on May 28, 2018 was effective to prevent the Agreement from automatically renewing on August 28, 2018;

d. That the notice of termination sent by EBSCO to Innovative’s general counsel on April 18, 2019 was effective to terminate the Agreement and rights and obligations under the Agreement, except as expressly provided at § 10.3 of the Agreement.

e. Following April 18, 2019, Innovative had no contractual right to enter into any new or renew any existing subscription agreements for Encore Duet with EDS or EDS as a standalone product.

f. EBSCO is not contractually or otherwise barred from marketing EBSCO Discovery Service to customers with expiring subscriptions for Encore Duet with EDS.

g. EBSCO is not contractually or otherwise barred from marketing EBSCO Discovery Service to customers with multi-year subscriptions with Innovative for Encore Duet with EDS.

h. EBSCO’s only surviving obligation following termination of the Agreement on April 18, 2019 is to cooperate with Innovative to ensure that obligations under existing contracts (i.e., contracts entered into prior to April 18, 2019) are satisfied during the one year period from April 18, 2019 to April 18, 2020.

i. Following the expiration of the one year cooperation period on April 18, 2020:

i. EBSCO has no obligation to allow Innovative to provide customers with EDS as part of a bundled product, regardless of the terms of Innovative’s contracts with subscribers to Encore Duet with EDS;

(18)

ii. Innovative has no right to invoice customers for EDS subscriptions, or to receive a commission on any EDS subscriptions, regardless of the terms of Innovative’s contracts with subscribers to Encore Duet with EDS;

iii. Innovative has no right to receive any commissions on subscriptions or sales on any EBSCO product;

iv. Innovative has no right to provide customer access to EBSCO Knowledge Base without additional compensation to EBSCO.

5. Grant such other and further relief as is just and equitable.

JURY DEMAND

EBSCO demands a trial by jury on all counts which are so triable.

Dated: August 27, 2019 Respectfully submitted,

Defendant/Counterclaim Plaintiff, EBSCO Publishing, Inc.

By its attorneys, /s/ Kara Thorvaldsen

Kara Thorvaldsen, BBO # 660723 Kara.Thorvaldsen@wilsonelser.com Marissa Tripolsky, BBO # 691533 Marissa.Tripolsky@wilsonelser.com

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 260 Franklin Street, 14th Floor

Boston, MA 02110-3112 617-422-5300

(19)

CERTIFICATE OF SERVICE

I, Kara Thorvaldsen, hereby certify that on the 27th day of August 2019, the foregoing document has been filed through the ECF system and will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants by first class mail, postage prepaid.

/s/ Kara Thorvaldsen Kara Thorvaldsen

References

Related documents

Under the Policy, Defendant agrees to pay: “the actual loss of Business or Rental Income you sustain due to the necessary ‘suspension’ of your ‘operations’ during the ‘period

Conferences American Control Conference ◦ IEEE Conference on Decision and Control ◦ IEEE International Conference on Robotics and Automation ◦ IFAC Workshop on Distributed

The VET teachers named the following as the main factors threatening their enthusiasm at work: lack of resources and cuts in education spending, negative atmosphere and problems

The low compliance to hand hygiene among nurses and high number of patients who contracted hospital acquired infection happened in spite of the availability of the

Defendant actively, knowingly, and intentionally has been and continues materially contribute to their own customers' infringement of the '739 Patent, literally or by the

As more fully described in paragraph 49 below, float income is the interest earned when contributions and disbursements are held temporarily in overnight accounts or disbursement

Overview  •  Review how the Australian junior explorers responded to the  bust in the late 1990s  –  Who disappeared and how did it happen? 

After getting consumers to sign form contracts through deceptive sales practices, Wyndham then breaches its form contract entitled “ Security Agreement - ClubWyndham