In a significant blow to India’s largest IT company, Tata Consultancy Services (TCS), the US Supreme Court has rejected TCS’s appeal against a district court order imposing $140 million in punitive damages. The penalty stems from a case brought by Epic Systems Corp, alleging the infringement of intellectual property by the IT giant.
The District Court of Wisconsin had initially awarded the substantial damages as a result of TCS and Tata America allegedly accessing Epic’s web portal without authorization while providing services to a shared client. Epic contended that TCS used this unauthorised access to develop its own competitive hospital management system software, named Med Mantra.
The US Supreme Court’s decision confirmed the punitive damages in the Epic Systems case. The court’s analysis, outlined in the Seventh Circuit Order in July, revealed a deliberate and repeated effort by TCS employees to access and download confidential information from Epic’s web portal.
The court document shed light on the intentional actions taken by TCS, including disciplining an internal whistleblower, failing to preserve relevant documents, and providing false information when questioned by Epic and under oath. The court characterised this behaviour as “repeated, deliberate, and cynical.”
Following the Supreme Court’s ruling, TCS announced plans to create a provision of $125 million as an exceptional item in its financial statements. This provision is slated for the third quarter of FY24 and the nine months ending December 31, 2023, according to TCS’s filing.
The financial repercussions were reflected in the stock market, as TCS’s stock closed 0.26 percent lower at Rs 3,510.30 on the Bombay Stock Exchange (BSE) on November 21.
The decision marks a setback for TCS, emphasising the importance of respecting intellectual property rights and the severe consequences that may arise from unauthorised access and use of proprietary information.
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