Former Maverick County Detention Center Technology Company files lawsuit against competitor
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
A former technology company, Boss Technology, Inc. dba Pace Telco, of Maverick County Detention Center has filed a lawsuit in the 293rd Judicial District Court of Maverick County, Texas on January 22, 2015, against Justice Technology, Inc. for allegedly copyright infringement, misappropriating its trade secrets, unfair competition, and business disparagement concerning the unlawful use of its “Jail Management System” software designed to operate the Maverick County Public Facility Corporation’s Maverick County Detention Center in Eagle Pass, Texas.
The lawsuit alleges that Defendant, Justice Technology, Inc., misappropriated without consent the “Jail Management System” software platform for servicing various needs of a detention center designed by Boss Technology, Inc.’s Pace Telco while under contract with Maverick County to assist it with the inmate telephone service agreement and a software license agreement.
Pace Telco contends that they designed and created the “Jail Management System” while under contract with Maverick County and that they contracted with a software programmer named Manit Chanthavong and his company known as Natural Computing Labs, L.L.C. to assist them with certain technical requirements of the “Jail Management System” based on Pace Telco’s explicit specifications and instructions.
Pace Telco alleges that at all relevant times of creating the “Jail Management System” they had a business relationship with Maverick County, Texas via an inmate telephone service agreement and a software license agreement as well.
Pace Telco further claims that Manit Chanthavong relied entirely on Telco’s information and direction to create the “Jail Management System” that is being used at the Maverick County Detention Center.
Pace Telco also contends that they retained the “Jail Management System” software code, which is a computer programs framework.
Pace Telco claims that they created the “Jail Management System” and that they entered into a license agreement with Maverick County to use the system in November 2013.
Pace Telco’s lawsuit states that in the month of July 2014, Manit Chanthavong sold his company, Natural Computing Labs, L.L.C., to another company called Justice Technology, LLC and Bruce Foster.
Pace Telco claims that it was notified by telephone of the fact of the sale of Manit Chanthavong’s company, Natural Computing Labs, L.L.C., and that Chanthavong indicated to them that he had also sold Pace Telco’s “Jail Management System” software to Justice Technology, LLC, and Bruce Foster, which allegedly was the property at all times of Pace Telco.
Subsequent to being notified, Pace Telco claims that they met with Chanthavong, Foster and Justice Technology in August of 2014 to discuss and understand Chanthavong’s position concerning the sale of Pace Telco’s “Jail Management System” and were advised that Chanthavong, Justice Technology, LLC, and Bruce Foster’s position was that the “Jail System Management” software had been acquired and sold to Justice Technology and Foster as part of Chanthavong’s sale of his Natural Computing Labs, LLC, company.
Pace Telco alleges that Justice Technology, LLC, presented them with a distribution agreement of the “Jail Management System” software, which they allegedly owned.
Obviously, Pace Telco declined Justice Technology, LLC’s distribution agreement. Pace Telco alleges that Justice Technology, LLC, Bruce Foster, and Chanthavong surreptitiously met with the management of the Maverick County Detention Center and claimed full ownership of the “Jail Management System” software, disparaged Pace Telco, and encouraged Maverick County to breach its existing agreements with Pace Telco.
The lawsuit further claims that all statements by the defendants were false and made with knowledge of their falsity.
The suit further states that Foster and Justice Technology, LLC, continue to falsely claim ownership of the “Jail Management System” software despite repeated requests from Pace Telco to stop using it and claiming it as its own, forcing Pace Telco to file a lawsuit for damages.
Pace Telco alleges that Foster and Justice Technology, LLC, are tortuously interfering with an existing contract and that said interference has caused Pace Telco injury.
The lawsuit states that Pace Telco has incurred actual damages and losses in excess of the jurisdictional limits of the court.
The lawsuit also claims that there was tortious interference with prospective business relations between Pace Telco and Maverick County as Foster and Justice Technology, LLC, have willfully and intentionally interfered with Pace Telco’s business relationship with Maverick County, causing it damages.
The lawsuit against Bruce Foster and Justice Technology, LLC, claims Common Law Unfair Competition by Misappropriation, Statutory Trade Secret Misappropriations in direct violation of the Texas Uniform Trade Secrets Act, Common Law Trade Secret Misappropriation, Copyright Infringement, Business Disparagement, which all have caused harm to Pace Telco, suffering damages in excess of the jurisdictional limits of the court.
Boss Technology, Inc, DBA Pace Telco is being represented by Attorney Meritt Clements and Forrest M. Teo Seger, III of Strasberger & Price, LLP from San Antonio, Texas.
Bruce Foster and Justice Technology, LLC are represented by Heriberto Morales of Langley Banack, Inc., but it has filed a motion to withdraw as counsel on June 3, 2015 due to differences of opinion with the client on the handling of the case.
Maverick County Commissioners Court and the Maverick County Public Facility Corporation terminated their previous written agreements with Pace Telco during the month of May of 2015 and hired Justice Technology, LLC, to provide them with the “Jail Management System” software platform for operating the Maverick County Detention Center. There is a possibility that Maverick County and the Maverick County Public Facility Corporation may be added as Defendants to the lawsuit in the future.
Defendants Justice Technology, LLC, and Bruce Foster deny the allegations raised by Pace Telco’s lawsuit.
