1 On information and belief, Onvia does not own the purported trade secrets or other purportedly

2 confidential and proprietary information. On information and belief, instead of developing its

3 own intellectual property, Onvia directed its employees to access its competitors’ databases

4 and products using accounts or credentials not associated with Onvia for the purpose of having

5 those employees download or otherwise obtain for Onvia the information contained within
6 those products and databases. These competitors included INPUT (now Deltek GovWin),
7 McGraw Hill Dodge Construction (now Dodge), BidSync (now Periscope Holdings), Reed
8 Construction (now CMD), Transpolink, ePipeline, BidClerk, eRepublic’s Center for Digital
9 Government, iPT Interactive Procurement Technologies, Bid Ocean, Bidnet, and Construction

10 Bidboard. On information and belief, Onvia (1) facilitated its employees’ access to their

11 competitors’ systems by providing a separate Internet connection from inside Onvia’s offices

12 so that the Onvia employees would not appear to be accessing the databases and products of its

13 competitors from Onvia, and (2) provided rechargeable, anonymized credit cards to its

14 employees for the purpose of obfuscating their identity when accessing fee-based databases

15 and products from Onvia. On information and belief, Onvia used the information its

16 employees obtained in this manner in designing and creating Onvia’s products and databases,

17 including determining the government agencies from which information was sourced and the

18 daily records produced by those government agencies in order to augment Onvia’s products

19 and databases, as well as in unfairly competing in the marketplace. On information and belief,

20 Onvia did not have permission from the competitors whose products and databases its

21 employees accessed in this way to use the information they downloaded in Onvia’s products,

22 and willingly and knowingly violated the Terms of Use of these competitors. On information

23 and belief, Onvia engaged in this practice starting in approximately 2005 and it continued for

24 many years thereafter. In addition to accessing some competitors’ databases and products on

25 both a paid and unpaid basis to augment its products and databases and to gain unfair

26 competitive advantage, for other competitors that serve as a publishing agent on behalf of

27 government agencies, Onvia, through its general counsel, established a formal policy for its

28 employees accessing the databases and products of its competitors.

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