Trial Date Set for Image Recovery Software Dispute; LC Technology Faces Potential Damages in Excess of $6 Million

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Trial date set for image recovery software dispute (Case No. 8:06-cv-2493-T-17 EAJ); LC Technology faces potential damages in excess of $6 million.

It has been nearly three years since this legal maneuvering started I am looking forward to having this case resolved favorably

After nearly three years, a dispute over charges of copyright infringement and counterclaims for defamation, tortuous interference and unfair competition is set to go to trial in July case no. 8:06-cv-2493-T-17 EAJ. A pre-trial conference is scheduled for June 30 in Florida. Trial is set during a trial term tentatively commencing on July 10, 2006. The suit and counterclaims involve MediaRECOVER LLC and LC Technologies International – both are competitors in the digital image recovery software industry.

In October 2003 LC Technologies International filed suit against MediaRECOVER LLC 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. David Zimmerman personally caused the press release to be communicated publicly and directly to MediaRECOVER’s clients and potential clients. Zimmerman recanted allegations of copyright infringement during the court proceedings and classified the legal issue as infringement on an exclusive license agreement.

The lawsuit and public relations campaign coincided with MediaRECOVER’s increasing stature and presence in the digital image recovery software field.

In response to the lawsuit and misinformation campaign MediaRECOVER filed counterclaims against LC Technologies International and a third party claim against David Zimmerman, individually. Those claims include Defamation per se -- Business Disparagement; Tortuous Interference with Contract and Prospective Business Advantage, Unfair Competition, and others. “It is imperative that individuals and companies are held accountable for their actions,” said Korey Bachelder, president of MediaRECOVER. “It is my hope that this case sets a precedent that filing lawsuits and public relations campaigns to eliminate your competition is unacceptable, un-American and unlawful.”

“It has been nearly three years since this legal maneuvering started I am looking forward to having this case resolved favorably,” added Bachelder. LC Technology faces in excess of $2 million dollars for actual damages, $4 million dollars in future damages, and an unspecified amount in punitive damages for their conduct.

MediaRECOVER, LLC, founded in 2001, is the leading provider of easy-to-use digital photo recovery, data recovery software and services for digital camera media and hard drives. The company has its headquarters in Chandler, AZ.


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Korey Bachelder
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