Irvine-based Pick Systems Inc. said Wednesday that it has filed a $10-million lawsuit against Ever-On Corp., a Houston software-marketing company, which it alleges unfairly obtained the much-touted Pick computer operating system.
Filed in U.S. District Court in Houston, the suit charges Ever-On with breach of contract, misappropriation of trade secrets, unfair competition and conspiracy. Also named in the suit is Robert Jordan, Ever-On's chief executive, and his brother, Randolph, its president. A second company owned by the brothers, Jordan & Associates, is also a defendant in the suit.
Efforts to reach the Jordans were unsuccessful Wednesday.
William Mitchell, Pick's general counsel, claimed that the two men allegedly used Jordan & Associates to obtain access to the Pick operating system, which they then incorporated into a computer program developed by Ever-On for Tandem computers.
Jordan & Associates is a distributor of Ultimate brand computers, which uses the Pick system under license. However, the two Jordans did not have the right to copy the Pick system for use with a Tandem computer software package, Pick contends.
The operating system is one of the most important components in a computer, because it determines how the computer organizes, stores and retrieves information.