Micro Focus US Inc. accused of breaching agreement after it allegedly imposed new terms and conditions on software

By Philip Gonzales | May 24, 2018

PITTSBURGH — A hospital is suing Micro Focus US Inc., a software developer, for allegedly breaching an agreement.

Weirton Medical Center Inc. filed a complaint on April 23 in the U.S. District Court for the Western District of Pennsylvania, alleging that the defendant unilaterally imposed significantly burdensome terms and conditions on software it allegedly had purchased the rights to use.

According to the complaint, the plaintiff alleges that the defendant agreed to install certain licensed software from Attachmate Corporation at its hospital in 2004. After approximately 13 years, the defendant allegedly sent a new, never-before-seen software license agreement to the plaintiff that allegedly imposed $530,530.56 in charges. The plaintiff holds the defendant responsible for allegedly attempting to force it to pay the said amount.

The plaintiff requests a trial by jury and seeks an order declaring that the alleged license agreement is unenforceable and that the plaintiff is not responsible for the $530,530.56. The plaintiff is represented by Charles Kelly and Michael J. Joyce of Saul, Ewing, Arnstein & Lehr LLP in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case number 2:18-cv-00518-CRE

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Micro Focus US Inc. Saul Ewing Arnstein & Lehr U.S. District Court for the Western District of Pennsylvania Weirton Medical Center Inc.

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