Groklaw: TrendMicro uses invalid patent to sue. Fortinet asks for help in prior art search
Forum » Resources / News picks » Groklaw: TrendMicro uses invalid patent to sue. Fortinet asks for help in prior art search
Started by: ggiedkeggiedke
Date: 03 Jun 2010 21:49
Number of posts: 2
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Summary:
[A] couple of years ago Barracuda Networks asked [...] to help find prior art to help deal with a Trend Micro patent on [...] blocking viruses at the gateway [...] the ITC then said the patent, #5,623,600, was invalid, and you'd think that would be the end of that. But no, software patents live in their own illogical alternate universe, and because Trend Micro and Barracuda settled instead of getting a court ruling of invalidity, Trend Micro was free to threaten others and to continue to take in royalties on that patent. Late in 2008, after the Barracuda revelations, Fortinet told Trend Micro it thought its patent was invalid and that it didn't think it should have to pay royalties on an invalid patent, and when Trend Micro didn't agree, Fortinet filed suit, seeking a declaratory judgment of patent invalidity [...]
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