Thursday, November 23, 2017 | Today's Vending Industry News
VendSys Is 'Pleased' With Gimme Trial Verdict As Federal Court Rejects Infringement And Unfair Competition Claims

Posted On: 9/13/2017

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QUINCY, MA -- Synectic Software Solutions Inc., maker of VendSys, a vending management system, said it was pleased with the Massachusetts federal court's recent ruling in a lawsuit brought by Gimme Vending LLC. VendSys president John Davies said the court rejected Gimme's copyright infringement, misappropriation of trade secrets, unfair competition and breach of contract claims. The court found that Gimme was not entitled to any monetary damages. The case ended after a two-day trial.

Click here to see VendSys's official press release.

Last week, Atlanta-based Gimme Vending claimed victory in the case after the court granted its request for a permanent injunction prohibiting Synectic from manufacturing, using, selling or offering any products that employ Gimme's proprietary technology, including versions of the VendSys Mobile X App. The court also ordered Synectic to return any Gimme Keys in its possession and expunge from its computer systems and products, including certain versions of the VendSys Mobile X App, any of Gimme's proprietary software. | SEE STORY

According to Synectic, the case related to a failed business relationship concerning the attempted integration of the Gimme's Bluetooth Low Energy DEX reader -- called the Gimme Key -- with VendSys' handheld software. Gimme filed a seven-count complaint soon after VendSys advertised that it integrated with a competing Bluetooth device, alleging that VendSys copied Gimme's technology in order to integrate with that competing device. The defendant argued that the allegation was wrong. 

Davies noted that the court rejected six of the seven claims. "It is very pleasing," he said, "that the U.S. District Court for the District of Massachusetts ruled that VendSys did not infringe on any copyrighted material of Gimme, that VendSys did not misappropriate any of Gimme's trade secrets, that VendSys did not engage in any unfair competition and that VendSys did not breach its license agreement with Gimme."

While the court found that VendSys should have returned Gimme's SDK, and deleted certain interface software placed in the VendSys app for purposes of integrating with the Gimme Key, Davies asserted, it also acknowledged that those materials lacked any use or commercial value in the VendSys app.

"The fact that the court required us to remove the SDK defined interface from our software is in no way harmful to our own developments," Davies said, "particularly when the software and SDK supplied from Gimme never worked as we intended. The stipulated injunction requiring us to delete the Gimme SDK and software fragments is moot," says Davies, because [the] Gimme interface had no function in VendSys Mobile-X, and because VendSys had already deleted the nonusable Gimme fragments from its app before the court order. It makes no sense to try and use software that never worked with our app, and so we have no problem with the injunction."

Davies said his company will continue to develop its fully integrated systems using the VendSys Mobile-X tablet software. "There are at least two competing Bluetooth DEX reading devices that work with VendSys tablet software and so for us it is just business as usual," he said.

Synectic Software Solutions Inc.'s VendSys is a fully featured vending management system for full-line operators. It includes integration and maintenance service modules for vending route management, office coffee service, foodservice and kiosks.