[Yulcat-l] Fwd: OCLC files motion to dismiss case

[Swanekamp, Joan]

For those following OCLC vs. Skyriver:


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From: OCLC Member Update <emailpublishing at oclc.org<mailto:emailpublishing at oclc.org>>
Date: December 13, 2010 7:13:52 PM EST
To: "Swanekamp, Joan" <joan.swanekamp at yale.edu<mailto:joan.swanekamp at yale.edu>>
Subject: OCLC files motion to dismiss case
Reply-To: OCLC <oclc_C073EF2ACA43AF3465AC8ED9BE1E1E1C646EBCBCC7604490 at email.oclc.org<mailto:oclc_C073EF2ACA43AF3465AC8ED9BE1E1E1C646EBCBCC7604490 at email.oclc.org>>

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December 13, 2010




OCLC files motion to dismiss case

OCLC has filed a motion in the United States District Court for the Southern District of Ohio to dismiss a lawsuit filed by SkyRiver Technology Solutions and Innovative Interfaces, Inc. against OCLC alleging anticompetitive practices.

Jay Jordan, OCLC President and CEO, provides the following update to OCLC members on the motion to dismiss:

“On July 28, 2010, SkyRiver Technology Solutions and Innovative Interfaces, Inc. filed suit against OCLC alleging anticompetitive practices. We at OCLC believe the lawsuit is without merit. We believe this action is an attempt by SkyRiver and Innovative Interfaces to distract the Cooperative from advancing services and programs vital to our public purpose. We have not been, nor will we be distracted from our efforts to maintain and enhance our existing services, pursue an ambitious agenda in library research and advocacy, and introduce new Web-scale services for our members.

Unfortunately, the legal action initiated by SkyRiver and Innovative Interfaces may prove to be a very lengthy and highly technical legal process. We want to update you on the important steps we are taking to bring this regrettable action to a swift conclusion.

Our legal counsel is managing the litigation under the timelines set forth by the courts. Be assured that we also are doing everything we can to minimize the cost associated with defending the Cooperative against this action. We 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.

Today, under the calendar set out by the Southern District of Ohio Court, we are filing 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 U.S. courts for bringing an antitrust claim. It is important to bear these requirements in mind as you review the brief and its discussion of the accusations. The brief is available for members to review on the OCLC Web site<http://visit.oclc.org/t?r=896&c=2414653&l=120817&ctl=3446DF7:C073EF2ACA43AF3465AC8ED9BE1E1E1C646EBCBCC7604490&>.

We anticipate that this motion will be considered by the court in February 2011. We will continue to keep you up to date. And as always, OCLC’s public purposes of furthering access to the world’s information and reducing the rate of rise of library costs remain our focus.”



Jay Jordan
OCLC President and CEO










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