Barracuda sues Trend Micro as patent spat escalates: related news

Prior Art In Barracuda-Trend Micro Lawsuit

Joe Barr writes "Bruce Byfield reports at Linux.com that a Swedish developer, Goran Fransson, has 'given a deposition in the Barracuda-Trend Micro case that appears to seriously undermine Trend Micro's patent on gateway virus scanning.' Gransson has resurrected a product (still in its shrinkwrap) sold by Ten Four, the company he worked for at the time, to prove that it provided gateway virus scanning in January 1995. Trend Micro's patent application was filed in September of that year. If you were — or worked for — a Ten Four customer during 1995, you might be able to help Barracuda prove that Trend Micro's patent omits prior art." We discussed this important patent case when it was filed in January. (Slashdot and Linux.com share a corporate overlord.

Barracuda Networks Countersues Trend Micro

"There's some news on the Trend Micro v.Barracuda Networks case. That is the one where Trend Micro sued Barracuda over ClamAV and brought a complaint to the International Trade Commission. Barracuda has just filed a countersuit in California, alleging patent infringement by Trend Micro. They say it's a defensive use of three patents they bought from IBM. Barracuda asks for money damages and an injunction on further sales of infringing Trend Micro products.

Barracuda sues Trend Micro as patent spat escalates

Barracuda Networks has filed a counterclaim suit against Trend Micro. The suit, filed in the Court for the Central District of California, alleges that Trend Micro infringes upon three patents owned by Barracuda. The company is seeking damages and an injunction on sales of the infringing products.

Barracuda bites back at Trend Micro in ClamAV patent lawsuit

Security appliance vendor Barracuda Networks has filed a countersuit against Trend Micro in an effort to protect the open source ClamAV antivirus program from Trend's allegations of infringement. Barracuda intends to leverage threats of its own patent litigation to force Trend Micro to back down.

Barracuda Networks Files Countersuit Against Trend Micro To Defend Its Intellectual Property And Use Of Open Source Software

Basingstoke, UK – 2nd July, 2008 – Barracuda Networks Inc., the worldwide leader in email and Web security appliances, today announced it has filed a countersuit in the Court for the Central District of California against Trend Micro. The countersuit alleges that Trend Micro infringes upon three patents owned by Barracuda Networks and seeks damages and an injunction on sales of the infringing products...

Barracuda countersues Trend Micro in patent case

Barracuda Networks is countersuing Trend Micro for infringement of three security patents that Barracuda acquired earlier this year from IBM, the company announced last Wednesday.

Deposition challenges Trend Micro patent on virus scans

Goran Fransson, a Swedish developer and entrepreneur, has given a deposition in the Barracuda-Trend Micro case that appears to seriously undermine Trend Micro's patent on gateway virus scanning.

Barracuda Files Countersuit in Trend Micro Patent Case

Barracuda Networks has filed a countersuit against Trend Micro in the US District Court of California, in an effort to protect its open source ClamAV antivirus program from Trend's allegations of infringement.

EntreMed receives new patent for 2-Methoxyestradiol analogs

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Barracuda countersues Trend Micro in patent case

The legal battle between Trend Micro and Barracuda enters a new stage, as Barracuda brings in three newly-purchased patents of its own.

Barracuda countersues Trend Micro in patent case

The legal battle between Trend Micro and Barracuda enters a new stage, as Barracuda brings in three newly-purchased patents of its own.

Barracuda Networks Files Countersuit Against Trend Micro to Defend Its Intellectual Property and Use of Open Source Software

CAMPBELL, Calif. - Barracuda Networks Inc., the worldwide leader in email and Web security appliances, today announced it has filed a countersuit in the Court for the Central District of California against Trend Micro. The countersuit alleges that Trend Micro infringes upon three patents own

Supreme Court strengthens patent exhaustion doctrine

The United States Supreme Court has unanimously held in Quanta Computer, Inc. v. LG Electronics, Inc. that the patent law cannot be used to control the subsequent use or disposition of a product "that substantially embodies a patent" once the product has been sold with authority of the patent owner. "The authorized sale of an article that substantially embodies a patent exhausts the patent holder's rights and prevents the patent holder from invoking the patent law to control post-sale use of the article." Patent exhaustion applies whether the patents are directed to products or methods. "Our precedents do not differentiate transactions involving embodiments of patented methods or processes from those involving patented apparatuses or materials.

Drugs industry protecting 'morally unacceptable' patent system

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Trend Micro: Barracuda Suit Not About Open Source

Trend Micro may have received more than it bargained for in its software patent dispute with rival Barracuda Networks.

U.S. Patent on Cytori's Celution System Technology Issued; Celution System Commercialization not Impacted by Recent 6,777,231 Patent Inventorship Decision

SAN DIEGO--(BUSINESS WIRE)--Jun 24, 2008 - U.S. Patent No. 7,390,484 ("the '484 patent") covering Cytori's (NASDAQ:CYTX) Celution(R) System technology was issued today by the United States Patent and Trademark Office. The '484 patent provides Cytori critical market protection for its commercialization of the Celution System in the United States, where the Company is seeking regulatory approval. The '484 patent also protects Cytori's rights to manufacture the Celution Systems in the United States for commercialization into all markets, including Europe and Asia-Pacific, where the device is currently being sold. Other related patent filings are in progress around the globe.

JPEG Patent's Single Claim Rejected (And Smacked Down For Good Measure)

We've been covering the ongoing saga of an old patent we've referred to as the "JPEG Patent." This actually isn't the first patent we've called the JPEG Patent, because multiple people claimed to hold patents over the technology that goes into a JPEG image. But, this one was rather special. The patent had been used, repeatedly, by lawyer Ray Niro, against a wide range of opponents, including a patent system critic. The end result was a drawn out review process where all of the original claims were rejected, but a single new claim was added to the patent, which Niro insisted covered JPEGs on a website.

Silence Therapeutics Announces Successful Opposition of Glover Patent

a leading European RNA interference (RNAi) focused biotechnology company, announced today the successful opposition of a fundamental Alnylam Pharmaceuticals, Inc. European patent resulting in the patent being revoked in its entirety. The Opposition Division of the European Patent Office, following a three day hearing, announced its decision to revoke European Patent EP 1 230 375, exclusively licensed to Alnylam Pharmaceuticals from Cancer Research Technology, Ltd (UK). The Patent, commonly referred to as the "Glover" patent, broadly relates to medicaments comprising an RNA interference mediating RNA molecule. Opposition briefs to the Glover patent had been filed by Silence Therapeutics AG, Sanofi-Aventis Deutschland GmbH, Quark Biotech, Inc.

MIT sues Affymetrix for patent infringement

Affymetrix, the Santa Clara maker of tools used to study DNA and diagnose diseases, was sued for patent infringement by the Massachusetts Institute of Technology over the company's GeneChip system used to analyze genes. Affymetrix has knowingly infringed the patent, MIT and a company started by an MIT professor said in a federal court complaint filed Tuesday in Boston. Affymetrix filed an application with the U.S. Patent and Trademark Office in September 2004, six months after a similar patent was approved for MIT, the university said in its complaint. The patent regulators ruled in May 2007 that the MIT group was the first inventor, according to the complaint. The GeneChip technology is used to develop new therapeutic drugs and to investigate the cause of cancer, AIDS and other diseases, Affymetrix has said.

Tech Companies Team Up To Buy Up Patents To Keep Them Away From Others

Google, Verizon, HP, Cisco and some others are apparently teaming up to put money towards buying patents to keep them out of the hands of patent hoarders who would turn around and sue them. This isn't a new concept, and has been tried before -- and it didn't help much. The problem is that many of the worst patent suits aren't from "known" patents, but someone claiming a patent on some minor feature that everyone thought was obvious. Also, this type of action only encourages more bad patent activities by adding another buyer to the market. Now, questionable patent holders will recognize that they can also just sell to this patent pool, rather than selling to some patent hoarding firm. This is one of those ideas that sounds good on paper, but will have little to no effect on slowing down or stopping bad patent lawsuits, and may actually enc

Barracuda Networks Files Countersuit Against Trend Micro to Defend Its Intellectual Property and Use of Open Source Software

TMCNet: Barracuda Networks Files Countersuit Against Trend Micro to Defend Its Intellectual Property and Use of Open Source Software

PATENT REFORM IS NOT NECESSARY

Virtually all of the problems of the U.S. Patent system, including the high cost of obtaining a patent can be attributed to examiners issuing improper "bogus" rejections. While I know this is tue from my experience as a patent examiner, I performed a survey {using the PTO's Patent Application Information Retrieval (PAIR) system} of the 50 most recently issued patents classified in Class 435, Chemistry: Molecular Biology and Microbiology. In 76% of these patents, the examiner indicated in the first Office action that there was no allowable subject matter, i.e. none of the claims are patentable. Are the abilities of patent attorneys so low that over 75% of patent applications as filed do not contain at least one allowable claim? Or are the examiners writing "bogus" rejections? The answer is the latter.

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