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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 AviontÃ© LLC, also based in Eagan. "The AviontÃ© software product was copied or derived from the confidential TempWorks source code," according to the lawsuit. Several AviontÃ© principals were formerly employed at TempWorks beween 1997 and 2006, according to the company.
AviontÃ© CEO John Long said no part of AviontÃ©'s product is derived from TempWorks source code. "TempWorks has pulled a p.r. stunt," said James MacGillis, an attorney for AviontÃ©. 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 AviontÃ©'s source code and that their suspicions were confirmed.
Long said AviontÃ© previously filed its own lawsuit against TempWorks in state court. AviontÃ©'s lawsuit alleges that TempWorks contacted AviontÃ© customers and wrongfully claimed AviontÃ© stole its software and sent cease and desist orders to AviontÃ© 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 AviontÃ©'s lawsuit.