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ARTICLE ID 48270

$________ Misappropriation of software for integrated computerized sports coaching program.

Pinellas County

The plaintiff company alleged that the defendants, two brothers, were unjustly enriched by the plaintiff’s efforts in developing an integrated computer system for sports coaching. The defendants argued that their program was not the same program which the plaintiff helped to develop.

The evidence revealed that the plaintiff is a small, closely held company in the business of developing computer solutions for sports coaching. The plaintiff claimed that as a joint venture for further development of the system at issue, it went to a company for which one of the defendant brother’s was employed. The system at issue was an integrated hardware and software program whereby coaches, mainly of football teams, could edit game footage in a digital format to collect only the type of plays desired.

The plaintiff claimed that the defendant brother left the employ of the co-venture corporation and took the source code for the plaintiff’s computer program. The corporation involved settled the plaintiff’s claims for a confidential sum prior to trial. The plaintiff alleged that the defendant brothers then started their own company and subsequently sold it, along with the plaintiff’s coaching program, for in excess of $26 million.

The defendant argued that they left the plaintiff’s source code with the original (settling) corporation. The defense maintained that the program sold by the defendant’s new company was not the same program developed by the plaintiff. The defendants further maintained that they significantly expanded the program with new software, developing and marketing.

After a three-week trial, the jury found for the plaintiff against both defendant brothers for the total amount of $________. The case is currently on appeal.

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