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Imaging Solutions Comes out of Houston Lawsuit Victory Stronger as It Plans Further Expansion into the United States

by Luke Molnar

HOUSTON, TEXAS, 19 February 2016— Imaging Solutions recently concluded legal proceedings brought against it almost four years ago in federal district court in Houston, Texas. In August 2012, Houston-based Macro Niche Software, R/Med., Inc. and the company’s owner, Michael Ruthemeyer, filed a series of complaints against Imaging Solutions and a number of other entities for copyright infringement, breach of contract, breach of fiduciary duty, fraud and civil conspiracy. Imaging Solutions first forced a dismissal of the breach of contract, breach of fiduciary duty, and fraud claims at an early stage of the lawsuit. Imaging Solutions next defeated the copyright infringement and civil conspiracy claims by winning a December 2013 summary judgment ruling. The Court later awarded Imaging Solutions its full costs of $35,265.57 as the prevailing party on the copyright infringement claims brought by Macro Niche Software, R/Med., Inc., and Ruthemeyer noting that the “copyright claim was without merit.”

The focus then turned to Imaging Solutions’ counterclaims against Macro Niche, R/Med and Mr. Ruthemeyer. Specifically, Mr. Ruthemeyer was found to have supplied false and misleading information to Imaging Solutions regarding an agreement to award a new exclusive distributorship for lead apron tracking software in Australia and New Zealand. A Houston jury unanimously awarded damages to Imaging Solutions in the amount of $129,607 for the misrepresentations and fraud committed by Macro Niche, R/Med, and Mr. Ruthemeyer. The total judgment amount in Imaging Solutions’ favour totalled $174,463.49 including interest and full costs as prevailing party on the copyright infringement claim.

“We maintained from the outset that Imaging Solutions has at all times acted with absolute integrity and committed no wrongdoing at any point,” said Glenn Honey, Imaging Solutions’ Managing Director. “It is unfortunate that Macro Niche Software, R/Med., Inc., and Ruthemeyer pursued this groundless, malicious litigation, but we’re happy that it has been so resoundingly decided in our favour. In response to this lawsuit, we set out to vigorously defend ourselves and right the wrongdoing that had been done to our company. We relentlessly pursued every legal recourse in executing on the judgment amount we were owed, and we are quite pleased with our recovery. As we expand into the American market, we will always stand up for what we believe is right, the integrity of our company, its good name, and its people.”

Mr. Honey added, “We are most fortunate to have counsel at a reputable firm like Andrews Kurth to guide us as we take on new challenges in the U.S.” Gregory L. Porter and Lee Davis, both based in Andrews Kurth’s Houston office, represented Imaging Solutions in the litigation.