McKool Smith secured a nearly $4 million jury verdict on behalf of its client OSGHD, LLC in a breach of software licensing case against Nomi Health, Inc.

OSGHD licenses a Software as a Service (SaaS) application, which Nomi Health licensed in connection with its Covid-19 testing services. In April 2022, OSGHD filed suit against Nomi after learning it built a knock-off of OSGHD’s software in order to circumvent the payment of licensing fees.

The favorable verdict was announced on June 21, 2023, following a jury trial before Judge Eric Moye in the 14th Judicial District Court in Dallas. OSGHD was awarded $3,996,285 in damages and will be entitled to recover pre-judgment interest and its attorneys’ fees.

This case is one of three related cases that OSGHD and McKool Smith have filed against Nomi or its officers. A state fraud case against Nomi’s Chief Technology Officer and a federal copyright infringement case against Nomi and Domo, Inc., a third-party software developer that Nomi hired to assist in copying OSGHD’s software, are also pending.

“We are very pleased with the jury’s decision to award the nearly $4 million verdict in our client’s favor,” said McKool Smith Principal Gary Cruciani and lead counsel for OSGHD. “The case was very hard fought, but the evidence of Nomi’s wrongdoing was so compelling that Nomi stipulated to liability the day before trial began. Yet, Nomi continued to argue that OSGHD suffered only minimal damages. The jury thoroughly rejected Nomi’s argument in awarding OSGHD nearly $4 million in damages. Moreover, the jury verdict in this breach of contract case bodes well for OSGHD’s copyright infringement case against Nomi as the evidence of Nomi’s copying OSGHD’s software will be the same in both cases.”

The case is OSGHD LLC v. Nomi Health, Inc., Along with Gary, the trial team included McKool Smith Principal Scott Hejny and associates Patrick Pijls and Joshua Jones.

With 135 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, and Washington, D.C., McKool Smith has established a reputation as one of America’s leading trial firms. The firm has secured 14 nine-figure jury verdicts and 15 eight-figure jury verdicts, obtaining more VerdictSearch and The National Law Journal “Top 100 Verdicts” than any other law firm. These courtroom successes have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents clients in complex commercial litigation, intellectual property, bankruptcy, insurance recovery, and white collar defense matters.

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