Versata Wins Another Court Battle

A reader pointed me to this press release issued by Versata which starts with:

Versata is pleased to announce that the federal court in the United Arab Emirates has now joined a United States federal bankruptcy court and a Japanese court in confirming Versata’s exclusive ownership of Think3’s intellectual property.

The court took it a step further and “entered a sweeping injunction prohibiting Dr. Andrea Ferri, the Italian trustee for the Think3 bankruptcy proceeding in Bologna, Italy, from continuing to possess, copy, make or sell any of Think3’s intellectual property“. The court also instructed the Italian trustee to stop using his web site and directed the UAE telecommunications commission to block the web site. Versata operates out of Dubai in the UAE.

The press release goes on to explain what went down in the US trial:

In his losing effort, Dr. Ferri submitted evidence considered in the two-day U.S. trial. So did Versata. Versata’s evidence included the testimony of Professor Francesco Vassalli, a leading expert on Italian bankruptcy law, who testified that the Italian trustee’s conduct has been highly unusual because, for example, the Italian Trustee’s claim that he can control the assets of a debtor located outside the borders of Italy is not only contrary to well-settled Italian law, but has no historical support whatsoever in Italian jurisprudence.

So now on the one side, we have three courts (US, Japan and UAE) saying Versata owns the Think3 IP and on the other side we have the lone Italian court declaring that the IP belongs to Think3 Italy. I’m not sure where this pissing contest is headed unless someone takes this to some international court where both sides are made to piss on each other directly and not in their own private back yards.

The question is not how many courts agree with which party. The real question is in which country do the bulk of Think3’s customers reside and which way that country’s court is leaning. I seriously doubt anyone in their right mind will buy a new license of a Think3 product until this IP issue is sorted out. So this fight is actually about the current customers who haven’t already jumped ship to another CAD and PLM system. And the longer this takes the more empty that ship is going to become.

  • Ken

    That ship is full of piss and half way sunk.  By the time they are done with it, Think3 won’t have a pot to piss in…

    • Guest

      The site has the ‘reorganization plan’ filed by the CRO. Interesting ready and shows where they are headed.

  • Jhon

    OK we understood …… we need to stay far away from think3 🙂

  • Nainar

    By the time the contest ends, it will be a just a pot full of piss, not a penny left. And this is a classic case of how the 1% take the 99% of the wealth. The lawyers fee for running this pissing contest is $900/hour and Think3 USA spends around $800,000/month and now some more lawyers from Japan, Italy joined as well taking this to more than $1million/month. All in the name of bankruptcy. And think3’s running expense would have been around that with the entire organization running in full force.

  • What a wonderful invention? Now a day, many competitions and new inventions are upcoming. So there is a difficult job to achieve it. I like this invention. Thanks for sharing.

  • Jhon

    So, why the site doesn’t work for a while and the customers didn’t receive any information and there is any message from the US backrupty officer in the

    Please reflect that maybe is just bla bla bla ……..

  • Tnk

    Ooops, is not accessible now. Come on,,,

    • Tnk

      It has been recovered. Good!

  • 12345

    @jhon´s 1st comment –>   in my opinion this is not clear.

    they are both backed up by their home “countries” courts
    As deelip wrote, lets wait for an international court

  • Anonymous

    I wanted to see what comments you got. Nice blog by the way.


  • Jhon
  • Fizu

    Filippo Zuccarello is going to jail.

  • Fizu

    1. L’accordo autorizzato dal Giudice C. Mott in Texas non ha alcuna efficacia in Italia e nell’area UE, giusto il disposto della legge fallimentare italiana  e del Regolamento  (CE) del Consiglio 29 maggio 2000 n. 1346/2000;
    2. la Procura della Repubblica di Bologna in persona del Sostituto Procuratore dott.ssa Rossella Poggioli ha di recente aperto un procedimento penale per bancarotta fraudolenta per distrazione nei confronti di alcuni soggetti apicali (legali rappresentanti e/o amministratori) di Think3 e di Versata (la cui responsabilità penale sarà accertata all’esito del futuro giudizio penale).

  • Jhon

    Versata announce the change of the product name line. 
    Now thinkdesign name will be SMARTFORM …. 

    • The English version of the web site still has Think3 on it. Maybe they will update it.

  • Jhon

    Ask directly to versata…. 

  • Jhon
  • silvo
  • silvo

    Deelip please enlighten us. Think 3 Italy has a new website and Think 3 Versata Italy is called Smart Forms? Will there be two versions of the software with different names?

  • Jhon

    Finally is see the 64 bit version from official T3 …. and from versata point of view ….
    Who is able to do the software ????

    So  …… we can summarize … all the story?

  • Anon.Ymous

    i think, there will be 2 softwares, same name, different developments…

  • Haha 😀 great picture

  • Great photo 😀