Judge Vindicates MediaRECOVER In Image Recovery Software Dispute
FOR IMMEDIATE RELEASE: July 12, 2007
LC TECHNOLOGY CLAIMS AGAINST MEDIARECOVER WERE BROUGHT WITHOUT ANY LEGAL BASIS
JUDGE VINDICATES MediaRECOVER IN IMAGE RECOVERY SOFTWARE DISPUTE
TAMPA, Florida July 12, 2007 After a four-year legal battle that ended in a full trial on the evidence, a federal judge found LC Technologies infringement suit against MediaRECOVER was without any legal basis. On the counterclaims filed by MediaRECOVER, the federal judge found that Clearwater, Florida-based LC Technologies and its president, David Zimmerman liable for defamation and tortuous interference, and that Zimmerman engaged in unfair competition by issuing a false and defamatory press release about its competitor.
I feel a great deal of satisfaction that this case was resolved favorably and that LC Technologies and David Zimmerman were held accountable for their actions, said Korey Bachelder, president of MediaRECOVER. This case can now set a precedent that filing lawsuits and public relations campaigns to eliminate your competition is unacceptable, un-American and unlawful.
MediaRECOVER was awarded damages after the judge concluded that LC Technologies engaged in unfair competition, and both LC Technologies and company
President David Zimmerman were liable for defamation per se and tortuous interference with business relationships. LC Technologies will also have to pay MediaRECOVER its attorney fees and expenses pursuant to Florida’s unfair competition statute.
CASE BACKGROUND:
In October 2003, LC Technologies International filed suit against MediaRECOVER alleging infringement of their software code. In addition to filing the lawsuit, David Zimmerman, chief executive officer of LC Technologies, launched a public relations campaign against MediaRECOVER claiming it had sued for copyright infringement and MediaRECOVER had pirated LC Technologies software code. Zimmerman personally caused the press release to be communicated publicly and directly to MediaRECOVER’s clients and potential clients. The court order, filed July 3, 2007, in Middle District of Florida, Tampa Division, found the press release was grossly inaccurate, and LC Technologies and David Zimmerman’s libelous statements impugned MediaRECOVERs business reputation and the integrity of its intellectual property.
I’ve always worked to ensure that this business is run with the highest quality and integrity, said Bachelder. MediaRECOVERs attorney Justin E. LaVan said I am pleased that the court has cleared any blame and doubt about MediaRECOVER’s software code and reputation ”which is vital and struck down LC Technologies and Zimmerman’s unlawful business practices.” LaVan added, “This case is a message to all business owners that unfair and illegal tactics to gain market share will not be tolerated.” Justin E. LaVan and George A. LaMarca of the Des Moines firm LaMarca & Landry, P.C., represented MediaRECOVER in its long legal battle.
MediaRECOVER, LLC, founded in 2001, is the leading provider of easy-to-use data recovery software and services for digital camera media and hard drives. The company is headquartered in Chandler, Arizona.
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Contact:
Korey Bachelder, President
MediaRECOVER, LLC.
Phone: 408.802.0624
