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EXACT SOFTWARE N.A., INC. v. INFOCON SYSTEMS, INC.

Case No. 3:03CV7183.

651 F.Supp.2d 734 (2009)

EXACT SOFTWARE N.A., INC., Plaintiff v. INFOCON SYSTEMS, INC., Defendant.

United States District Court, N.D. Ohio, Western Division.

May 29, 2009.

Attorney(s) appearing for the Case

John J. Haggerty, Warrington, PA, Karen Kelly Grasso, Goldman & Rosen, Akron, OH, Wayne M. Serra, Christopher P. Fisher, Ulmer & Berne, Cleveland, OH, for Plaintiff.

Joseph J. Braun, Strauss & Troy, Cincinnati, OH, Peter L. Ostermiller, Scott P. Zoppoth, Zoppoth Law Firm, Louisville, KY, for Defendant.

William D. Dowling, Buckingham, Doolittle & Burroughs, Hamilton DeSaussure, Jr., Oldham & Kramer, Akron, OH, Alan M. Petrov, Timothy T. Brick, Gallagher Sharp, Cleveland, OH, for Interested Party.

David A. Katz, U.S. District Court, Toledo, OH, for Mediator.

ORDER

JAMES G. CARR, Chief Judge.

This case began its long life as a collection action by a software provider, Exact Software, N.A. [Exact] against one of its distributors, Infocon Systems [Infocon]. After protracted litigation, much of it involving discovery disputes and noncompliance by Exact with various discovery orders,1 Exact paid $4,000,000 to settle their litigation.

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