Country for PR: United States
Contributor: PR Newswire New York
Tuesday, April 09 2019 - 21:30
AsiaNet
Judge Denies All DHL Requests and Increases LOG-NET award in Bad Faith and Intellectual Property Case
TRENTON, New Jersey, April 9, 2019 /PRNewswire-AsiaNet/ --

--Judge affirms jury findings, grants increase in award to LOG-NET, and denies 
DHL's motions for new trial, reduction of the award and error in law.

United States District Judge Michael A. Shipp rendered his opinion in the DHL 
Global Forwarding v. LOG-NET (3:12-cv-01732-MAS-TJB) case affirming the jury's 
$14,411,000 verdict in favour of LOG-NET finding that DHL infringed LOG-NET's 
copyrights and breached the covenant of good faith and fair dealing, denying 
DHL's post-trial requests and awarding pre-judgment interest to LOG-NET.  The 
Court agreed with LOG-NET that "there was more than sufficient evidence from 
which the jury could, and did, conclude that DHL breached the covenant of good 
faith and fair dealing."  The court also affirmed the jury's finding that "DHL 
committed copyright infringement by dispersing confidential information and by 
reverse engineering, specifically the structure of the database, the reporting, 
the FCR, allocation logic, and EDI messages."  Judge Shipp also awarded 
pre-judgement interest to LOG-NET for the period of  2012 to whenever the final 
award is paid.  He also gave LOG-NET the opportunity to clarify its application 
for a permanent injunction concerning DHL's use of the infringing works.

Photo - https://mma.prnewswire.com/media/848525/LOG_NET_Case.jpg
Logo - https://mma.prnewswire.com/media/168891/log_net__logo.jpg 

After LOG-NET's successful trial, DHL requested the Court overturn the jury 
decision and grant a new trial, or, in the alternative, reduce the award and 
judgment as a matter of law.  The court denied all of DHL's requests noting 
that the "testimony of James Bocchino, Irene Costa, Brice Jones, Corey Bertsch, 
John Motley, and others, along with the documentary evidence introduced at 
trial were sufficient for the jury's conclusion."

For the jury to find copyright infringement LOG-NET had to demonstrate that DHL 
obtained a copy of LOG-NET's protected work(s), then copied and published 
software or documentation substantially similar.  LOG-NET had to prove that 
DHL's and GT Nexus' accused work is substantially similar to its protected 
works. In his recent opinion, Judge Shipp did not find a reason to disturb the 
jury's finding that the elements of copyright infringement had been met by 
LOG-NET by a preponderance of evidence.

In the testimony of Brice Jones a DHL employee, the jury heard that, as early 
as 2009, Mr. Jones and Pierre Wong of DHL were sharing detailed copies of the 
LOG-NET database structure with GT Nexus.  This was correlated with the 
testimony of DHL's Corey Bertsch, which LOG-NET argued showed that DHL 
submitted report examples to GT Nexus.  John Motley and Jonathan O'Keeffe , CEO 
and CTO of LOG-NET, each testified that elements of LOG-NET's original database 
designs, screen designs and outputs were inappropriately shared by DHL with GT 
Nexus.

Mr. Bertsch further testified that he provided copies of a report definition 
booklet to Phil Oberhausen of GT Nexus.  The jury and Court heard and saw 
evidence that this was a copy of the report section of LOG-NET's help guide.  
Similarly, documents showed that DHL forwarded various operational reports to 
GT Nexus. 

The judge and jury also heard testimony from James Bocchino of DHL that he was 
tasked with "cloning" LOG-NET EDI into GT Nexus.  The jury heard Mr. Bocchino 
attempt to explain what he meant when he said he was "reverse engineering" 
LOG-NET EDI to work in GT Nexus.  Messrs. Jones and Bocchino testified that 
these unlicensed LOG-NET EDI formats were still in use today.  

During the trial the jury heard how Julia Piexoto Peters, Brice Jones and Corey 
Bertsch of DHL created their original Complaint and their complex and seemingly 
wrongly figured allegations that LOG-NET was removing licenses, but the jury 
found the evidence showed LOG-NET had not committed any breach of its contract 
with DHL.

When confronted with facts about his false certification to the court that 
certain items, including Coach handbags, were being held up at customs, a 
certified statement used by DHL to gain preliminary injunctive relief to keep 
running LOG-NET, Mr. Bertsch admitted that his statements to the court were not 
true and that he never corrected his statements.

Speaking on the Court's recent opinion, John Motley, Founder and CEO of LOG-NET 
said, "Judge Shipp's affirmation of the jury verdict is very encouraging for 
creators of works of art.  But as can be seen from this glimpse of our journey 
my opinion is DHL is an unethical adversary.  The sheer number of DHL actors 
involved with GT Nexus speaks to a stunning culture of bad behavior encountered 
at every level.  I would have thought someone would have stopped and said that 
this behavior was wrong.  In 2012, LOG-NET was targeted by DHL and a lot of 
good people, some of whom participated in creating our work, lost their jobs at 
that time.  We will continue to seek justice in this matter."

About LOG-NET, Inc.

LOG-NET, Inc. has a 25-year history of innovation in the international supply 
chain technology industry and autonomous logistics. As a pioneer and leader in 
end-to-end (E2E) supply chain solutions the company delivers global logistics 
and supply chain capability on a Software As A Service (SAAS) basis.   LOG-NET 
has created some of the most advanced machine learning and its ePL(tm) platform 
achieves new levels of autonomous logistics.

For more information, please visit www.LOG-NET.com. 

Marketing 
LOG-NET, Inc. 
sales@LOG-NET.com  
+1 (732) 758-6800

SOURCE: LOG-NET, Inc. 


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