A former employee of Optus has been requested to give testimony as part of the long-running intellectual property battle between customer service technology providers LivePerson and 7 Customer.
The two companies have been locked in legal proceedings in the United States District Court for the North District of California since 2014, when LivePerson sued 7 for misappropriation of its trade secrets, copyright infringement, and other claims.
LivePerson had previously partnered with 7 Customer since 2006, which gave the latter a licence to access, operate, and use Live Person's IP. LivePerson alleges that 7 then misappropriated Live Person’s software to develop its own live-interaction technology.
7 is mounting a defence against the lawsuit.
Optus introduced live chat based on 7 technology in 2012, having previously used Live Person since 2010.
The US attorney for 7 has won approval from the NSW Supreme Court to procure testimony from Beth Parkin, who was director, digital service, at Optus from 2011-2014.
Optus has chosen not to appear at the hearing.
According to the application heard by the NSW Supreme Court: "The evidence establishes that the company [24/7] is a defendant in the proceedings brought in the US Court by Live Person Inc, a competitor.
"In issue in the proceedings, which the company defends, are claims of misappropriation or infringement of intellectual property; breach of contract; unlawful conduct; and wrongful interference in contractual relations.
"These claims are directed to the circumstances in which Optus, a former customer of Live Person, Inc, became a customer of the company."
Parkin's testimony will be conducted under oath on camera then provided to the California court as a DVD with a transcript.