Describes “pattern of deception” that has marked the case
Detroit, MI (April 11, 2016) – Versata Software, Inc. (“Versata”) today asked Ford Motor Company (“Ford”) to release the deposition video of Mike Sullivan, the Program Manager of Ford’s PDO software, and retract Sullivan’s testimony, which Versata claims is false. Versata is accusing Ford of stealing Versata’s valuable trade secrets and technology that saved Ford over $1 billion dollars over the last 10 years. The issue of the theft is currently before the United States District Court for the Eastern District of Michigan.
Specifically, Mr. Sullivan said there were 24 Versata employees and/or contractors that lived in the Dearborn, Michigan area and worked with Ford. Sullivan submitted a sworn affidavit stating that those 24 Versata employees are believed to reside in or around Dearborn. This claim substantially bolstered Ford’s argument to keep the case in Michigan, as opposed to Versata’s requested venue in Texas (where Versata is headquartered). After the fact, Ford’s attorneys amended the number to just 10 out of the original 24 individuals who actually live in or around Dearborn.
Sullivan refused to admit his original affidavit was false during his deposition. He also declined to state that he would sign the affidavit again as is – under penalty of perjury – when asked by Versata attorneys. Ford has since designated the entirety of the deposition as “confidential,” denying the public access to viewing it. Versata plans to seek an order from the court as soon as possible that Sullivan’s false testimony be de-designated as “confidential” and made available to the public.
“The public has a right to see Mr. Sullivan’s actions firsthand,” said Lanny J. Davis, counsel for Versata in a letter to Ford’s counsel. “This is yet another example of the ongoing pattern of deception, and misstatements by Ford Motor Company. Ford may think it can hide behind a court order that protects its confidential information, but there is nothing confidential about these misstatements. We will not stand for any more of their witness’ misstatements under oath.”
The fact that his affidavit was written and submitted on Ford’s attorneys’ letterhead makes the incident all the more curious, especially in light of recent events concerning alleged misstatements in some of Ford’s other witness affidavits.
“The number of examples of Ford’s misconduct in this case is getting too long to list,” said Davis. “From the theft of the Versata’s software, to the misstatements about having “Chinese Wall” when working on the software, to a top executive’s alleged statement reinforcing the decision to steal the software that ‘we won’t let [Versata] have us over a barrel.’ Now, we can add to Mike Sullivan’s misstatements to the list. When is this going to stop?”
This is in reference to case number 15-10628, Ford Motor Company v. Versata Software, Inc., in the United States District Court for the Eastern District of Michigan.
About Versata Software, Inc.
With a global presence covering 45 countries, Versata Software, Inc. and its affiliates solve the most complex business problems for the world’s largest organizations. Versata’s family of companies includes a number of leading enterprise solution providers, including Versata, Inc., Instance, Inc., Artemis International Solutions Corporation, Genzyme Corporation, Clear Technology, Inc., Everest Software, Tenfold Corporation, Cora Software, Inc., Evolutionary Technologies, Inc., and Alter Point, Inc. Versata distinguishes itself in the software industry by focusing on customer priorities as driven by value delivered. Versata’s market-leading Customer Success Program ensures customer involvement in product decisions and business priorities and provides twice-yearly opportunities for customers to score Versata’s performance against commitments. Versata’s world-class engineering capability ensures substantive and valuable product releases, thereby ensuring customer success. Versata’s relentless focus on customer priorities, coupled with an unmatched global engineering capability, provides Versata customers continuous innovation and repeatable value propositions. For more information, visit www.versata.com.
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