Comerica Can't Duck $5M Software Sublicensing Suit

Law360, Houston (April 10, 2013, 8:16 PM EDT) -- A Texas federal judge on Tuesday denied Comerica Bank’s effort to escape a $5 million suit alleging it ignored a licensing agreement by using proprietary software to support its outsourced human resources service, reasoning that misappropriation claims are not preempted by federal law.

U.S. District Judge David C. Godbey ruled that although a breach of contract claim asserted against the bank by Genesys Software Systems Inc. amounted to a claim of copyright infringement under state law and was therefore supplanted by the federal Copyright Act, the...
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