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Staffing software firms spar

October 08 2008

Two staffing software companies are trading allegations, and lawsuits, over copyright infringement and tortuous interference.

TempWorks Software Inc., based in Eagan MN, filed a lawsuit in federal court claiming copyright infringement and trade secret misappropriation against Avionté LLC, also based in Eagan. "The Avionté software product was copied or derived from the confidential TempWorks source code," according to the lawsuit. Several Avionté principals were formerly employed at TempWorks beween 1997 and 2006, according to the company.

Avionté CEO John Long said no part of Avionté's product is derived from TempWorks source code. "TempWorks has pulled a p.r. stunt," said James MacGillis, an attorney for Avionté. MacGillis said the company allowed a representative from TempWorks to look at the code but found nothing substantive. MacGillis also said it offered to let a third party examine the source code.

David Dourgarian, president of TempWorks, said a representative did examine Avionté's source code and that their suspicions were confirmed.

Long said Avionté previously filed its own lawsuit against TempWorks in state court. Avionté's lawsuit alleges that TempWorks contacted Avionté customers and wrongfully claimed Avionté stole its software and sent cease and desist orders to Avionté customers. The lawsuit's allegations include tortuous interference with contractual relations, defamation and violation of Minnesota deceptive trade practices law.

Dourgarian said he had not received a copy of Avionté's lawsuit.

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