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Appeals court hears software-royalty fight: Cloud says bundled sales cut royalties; Reveny defends long-running reporting method
Summary
Cloud (formerly TIBCO) told the Appeals Court that Reveny’s use of an 'order form' method undercounted royalties and sought redress; Reveny said course-of-performance and trial findings support treating sales as bundled combinations and defended the trial judge’s specific-performance remedy noting difficulty in quantifying damages.
The panel heard 25P0847, a contract and Chapter 93A-centered dispute between Cloud (appellant) and Reveny (appellee) over how royalties were calculated when Spotfire licenses were sold with other products.
Derek Schafer, for Cloud, told the court the plain terms of the parties’ contract control and that Reveny’s "order form method" effectively reduced royalties by combining items on an invoice rather than creating a genuine bundled product offering. Schafer…
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