Corruption & Accountability · Report · File No. 261112-256
Software firm sues Lockheed and Leidos, alleging cloned code won VA contracts
4DD Holdings says two contracting giants used a copy of its health data software to win contracts worth more than $1 billion. The claims are allegations, and the case raises questions about how taxpayer-funded work is awarded.
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A software company has sued two of the biggest government contractors in the country. 4DD Holdings says Lockheed Martin and Leidos benefited from a clone of its data-sorting software, called TETRA, to win health data work for the Department of Veterans Affairs (VA). The suit was filed this week in federal court in Alexandria, Virginia 1.
These are 4DD's allegations. Neither company has answered them in court, and no judge has ruled on the new claims. Lawyers for 4DD, Lockheed Martin and Leidos did not respond to a request for comment 1.
What 4DD alleges
4DD says a services firm called Systems Made Simple, or SMS, got limited access to TETRA in 2013. That happened when SMS worked as a subcontractor to merge VA and Defense Department health records 1.
According to the suit, SMS first tried to buy 4DD for $40 million, which 4DD considered far below market value. The two firms then signed a partnership deal. 4DD says SMS convinced it that the government would later pick it for a larger contract to modernize the Pentagon's old health data systems 1.
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SMS signed written agreements that prohibited it from using 4DD’s technology to build a competing product
4DD says SMS cloned TETRA instead of copying it the normal way. Each clone carried the original license key, so one paid license could run on many servers without payment, the complaint says. SMS then built a rival product called eHIIP, according to 4DD 1.
The suit also accuses the government of going along with underreporting of the copies. 4DD says the government wanted to avoid owing money under the Anti-Deficiency Act, a law that bars federal agencies from spending more than Congress has approved 1.
The money involved
Lockheed Martin bought SMS in 2014, and 4DD says it knew it would also get eHIIP. In 2016, Lockheed agreed to make SMS a subsidiary of Leidos in a deal valued at $4.6 billion 1.
4DD accuses Lockheed Martin of using eHIIP to win a $624 million VA contract. It says Leidos benefited from more than $760 million in federal contracts that relied on its software 1.
The new suit rests on federal claims under the Defend Trade Secrets Act, the Lanham Act and the Copyright Act, plus state claims. U.S. District Judge Rossie D. Alston, a Donald Trump appointee, will oversee the case 1.
A court has already ruled against the government
This is not 4DD's first fight over TETRA. The U.S. Court of Federal Claims awarded it over $12 million for copyright infringement 1. 4DD's law firm, Robins Kaplan, says the judgment announced Aug. 22, 2023, was nearly $13 million. That total included $1.1 million in sanctions against the government for destroying evidence 2.
The court also found that the government made tens of thousands of unlicensed copies. It wrote that "the Government fraudulently and materially misrepresented the extent of its copying" 2.
That matters because the new suit targets the private companies that profited, not just the agencies. The pattern 4DD describes is a contractor that allegedly copied technology, underreported its use and then won larger work. If the claims hold up, they would show how that kind of conduct can pay off when the buyer is the government. Courts have not decided that question yet.
What happens next depends on how Lockheed Martin and Leidos respond in court. Judge Alston has not yet ruled on any part of the case 1.
The Record
- 4DD says SMS got limited access to TETRA as a subcontractor on a VA and Defense health records project (year only given in the source) 1.
- Lockheed Martin bought SMS, which 4DD says also gave it eHIIP (year only given in the source) 1.
- Lockheed agreed to make SMS a Leidos subsidiary in a deal valued at $4.6 billion (year only given in the source) 1.
- The Court of Federal Claims judgment for 4DD against the government was announced, nearly $13 million including $1.1 million in sanctions 2.
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Sources
- Courthouse News, “Government contractors accused of ripping off software company for over $1 billion” (2026-11-12). courthousenews.com/government-contractors-accused-of-ripping
- Robins Kaplan LLP, “$13 million judgment on behalf of software developer in software copyright infringement” (2023-08-22). robinskaplan.com/experience/13-million-judgment-on-behalf-of
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