- Source : Press Release
- Date : 2021-11-17
- Companies : Sysmex Corp.
Information About Litigation (Appeal) Against Sysmex Corporation and Its Subsidiary
As disclosed in the document "Information about Judgment of the Litigation against Sysmex Corporation and its Subsidiary" dated August 25, 2021, the Dutch-Speaking Enterprise Court of Brussels, Belgium rendered on August 23, 2021 (Central European Time) a judgment in the lawsuit (hereinafter referred to as the “Lawsuit”) brought by Uniface B.V. against Sysmex Corporation and its subsidiary Sysmex America Inc. (hereinafter collectively referred to as "Sysmex"). Sysmex Corporation hereby informs you that Sysmex recognizes the fact that the plaintiff lodged an appeal with the Court of Appeal of Brussels.
1. Court and date of the filing
(1) Court: Court of Appeal of Brussels, Belgium
(2) Date of the filing: November 8, 2021 (Central European Time)
2. Overview of the plaintiff
(1) Name: Rocket Software B.V. (successor of Uniface B.V. following a merger between Rocket Software B.V. and Uniface B.V. effective on October 1, 2021)
(2) Registered Office: Dordrecht, Netherlands
3. History of the litigation
In April 2020, Uniface B.V. summoned Sysmex before the Dutch-Speaking Enterprise Court of Brussels, Belgium. Uniface B.V. alleged that Sysmex breached a software license agreement (hereinafter referred to as the "Agreement") executed in 2002 between Sysmex Corporation and Compuware N.V. (hereinafter referred to as "Compuware"; Uniface B.V. acquired Compuware assets, including the Agreement, in 2014) and claimed the payment of approximately 347 million USD (approximately 321 million Euro).
(Note) The total amount of claim was approximately 349 million USD (approximately 324 million Euro) at the time of initiating of the Lawsuit, but it has been partly reduced in the course of the proceedings before the Dutch-Speaking Enterprise Court of Brussels, Belgium.
On August 23, 2021 (Central European Time), the Dutch-Speaking Enterprise Court of Brussels, Belgium rendered a judgment deciding that (i) all the claims made by Uniface B.V. were rejected and (ii) Uniface B.V. was ordered to pay a lump-sum of 72,000 Euro to Sysmex for the costs of the proceedings. The plaintiff, which acquired all assets and liabilities of Uniface B.V. following a merger, has filed an appeal against this judgment.
4. Summary of the appeal
The plaintiff alleges that Sysmex breached the Agreement and subsequently infringed the plaintiff’s copyright. At this moment, it claims in main order from Sysmex the payment of a total of approximately 349 million USD (approximately 324 million Euro).
5. Next steps
Sysmex believes that the decision of the Dutch-Speaking Enterprise Court of Brussels, Belgium, to reject Uniface B.V.’s claims is appropriate. Sysmex will take measures aiming to convince the Court of Appeal of Brussels to confirm this decision.