Appeal board will not hear software license infringement dispute

By Daniel Wilson (January 19, 2022, 8:24 PM EST) – The Civil Contracts Appeal Board has launched a $41.4 million appeal arguing that the United States Food and Drug Administration violated an agreement end-user license agreement for resold software, saying the agreement was not a market in which it had jurisdiction.

The new allegation from Avue Technologies Corp. that the FDA violated its EULA with the company for software purchased through a reseller, even if an otherwise legitimate claim, does not involve a supply contract and is therefore not something that the board can deal with, the board ruled in a Jan. 14 decision released this week.

“This is the first case we are aware of in…

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