In its lawsuit filed in Texas state court (available here), Spear Marketing accuses ARGO Data Resource and BancorpSouth Bank of, among other things, “maliciously stealing SMI’s confidential know-how . . . and other trade secret information relating to VaultWorks, SMI’s proprietary system for optimizing the amount of cash a banking institution needs on hand at its branch and ATM locations to satisfy customer demand and operate profitably.” Spear Marketing asserts only state law claims against Defendants.
On September 4, 2012, Defendants removed Spear Marketing’s lawsuit to the Northern District of Texas (notice of removal available here). Defendants assert that, although Spear Marketing did not plead any federal claims, Spear Marketing’s claims are all “completely preempted by the United States Copyright Act,” and as such, jurisdiction is appropriate in federal court.
Judge Boyle has been assigned the case.
Spear Marketing is represented by Steven Ross and Samuel Joyner, both of Ross IP Group PLLC.
ARGO Data Resource is represented by David Harper and Jason Bloom, both of Haynes & Boone LLP.
BancorpSouth Bank is represented by Tonya Gray, of Andrews Kurth.