OCLC has filed a motion in the US District Court for the Southern District of Ohio to dismiss a lawsuit filed by SkyRiver Technology Solutions and Innovative Interfaces, Inc. against OCLC.
On July 28, 2010, SkyRiver Technology Solutions and Innovative Interfaces, Inc. filed a suit against OCLC alleging anticompetitive practices. OCLC believes that the lawsuit is without merit and is an attempt by SkyRiver and Innovative Interfaces to distract the Cooperative from advancing services and programmes.
According to OCLC President and CEO, Jay Jordan, the legal action initiated by SkyRiver and Innovative Interfaces may prove to be a very lengthy and highly technical legal process. Further, he updated OCLC members on the important steps that the Cooperative is taking to bring this regrettable action to a swift conclusion.
OCLC had filed a motion to change the venue of the lawsuit from California to Ohio where the cost of litigation would be substantially less expensive for the Cooperative. The motion was granted to move the case to the United States District Court for the Southern District of Ohio on October 28. Under the calendar set out by the Southern District of Ohio Court, the Cooperative has filed a motion to dismiss the complaint by SkyRiver and Innovative Interfaces in its entirety.
A motion to dismiss a claim in an antitrust litigation must be argued on the legal merits, and must accept as if true, the specific allegations of the case. OCLC will ask the court to dismiss the litigation because SkyRiver and Innovative Interfaces have failed to meet the legal threshold requirements necessary to proceed with an antitrust case.
While OCLC firmly asserts that the accusations against the Cooperative are not accurate, a motion to dismiss looks only at the allegations made by SkyRiver and Innovative Interfaces without questioning whether those allegations are true. As required by the rules of legal procedure, OCLC will address all six claims and will assert that 'even if' the false allegations brought forth by SkyRiver and Innovative Interfaces were true, the claims themselves are insufficient to meet the legal requirements established by the US courts for bringing an antitrust claim.
It is expected that this motion will be considered by the court in February 2011.
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