EMPTORIS SUES PRINCIPALS OF BIQ LLC FOR COPYRIGHT INFRINGEMENT AND THEFT OF TRADE SECRETS

Injunction Sought to Stop the Marketing of BIQ’s Spend Analysis Software

Burlington, MA – (December 5, 2006) – Emptoris, the leading provider of Enterprise Supply and Contract Management solutions, announced that it has filed a complaint in U.S. District Court for Massachusetts against the principals of the software company BIQ, LLC for copyright infringement, theft and unauthorized disclosure of trade secrets, breach of contract and unfair and deceptive acts. Following external consultations, it was concluded that there is clear and convincing evidence of wrongdoing and that the seriousness of the actions demanded legal action. Emptoris will vigorously pursue the matter in court and is confident in the strength of its case and a favorable outcome.

The complaint seeks an injunction to stop BIQ, LLC of Southborough, MA., from marketing and selling its spend analysis solution which was developed from Emptoris’ intellectual property and trade secrets. The complaint further seeks the transfer of title of Emptoris’ wrongfully taken intellectual property, including the spend analysis products currently marketed by BIQ. The suit also seeks monetary damages from the principals of BIQ, LLC. The complaint was filed in U.S. District Court for Massachusetts on December 4th, 2006.

The complaint states that Eric Strovink, president and CEO of BIQ, LLC, and Matthew Paulson, VP of Engineering for BIQ, LLC, both former employees of Zeborg, Inc. of New York, NY, a company that Emptoris acquired in August of 2003, misappropriated and disclosed trade secrets and copyrighted technology from the company which were used in the development of BIQ’s spend analysis software product. The misappropriated intellectual property includes development plans, intelligence related to the structure of the product database, and the user interface, which contains nomenclature and extensive design elements identical to those used originally by Zeborg. The complaint also states that Strovink founded BIQ while still being employed by Zeborg, in violation of his employment agreement.

Emptoris notes that its spend analysis technologies, which incorporate and expand on the intellectual property at issue, are unique in the market, and that the protection of these assets is an essential principle for any technology company. Emptoris will pursue this matter vigorously and has hired the premiere national law firm of WilmerHale to represent its interests. The company and its advisors will pursue protection of the company’s intellectual property using all legal means available, and it is confident of a favorable outcome.

The Emptoris Spend Analysis Solution has received independent recognition for being the premier spend solution the market. In the November 2005, in a report entitled “The Forrester Wave™: eSourcing Suites, Q4 2005,” Forrester gave Emptoris a perfect score and the top ranking for its current spend analysis product offering.

Emptoris further noted that the company invests more than a third of its revenues back into software research and development which has resulted in the company’s leadership in the spend analysis, sourcing and contract management software markets. During the third quarter of 2006, Emptoris experienced its strongest quarterly performance ever with 86% revenue growth over the third quarter of 2005. During the first three quarters of 2006 Emptoris experienced revenue growth of 78% compared to the first three quarters of 2005.

About Emptoris
Emptoris is the world leader in innovative supply and contract management software solutions that empower enterprises to realize best value and accelerate profitable growth. Emptoris solutions are used by successful Global 2000 companies in every industry.

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