Patent war-Symantec fined $17 million for infringement of two patents
An American Federal Court in Delaware ruledthat a company Symantec has for the company Intellectual Ventures pay a fine of 17 million dollars as compensation for infringement of two patents. Initially, the company ordered the Symantec's 298 million dollars for violating three patents, however, the jury of the Federal Court concluded that only two have been violated:
1. Patent number 5987610, which is how to detect viruses in the system has been tampered with.
2. Patent number 6073142 for the automated analysis of e-mail messages and other objects in network environments, has been violated.
3. Patent number 6460050for content identification in distributed (cloud Symantec) has not been tampered with.
The position of the representative of the Intellectual Ventures-Melissa Finocchio:
We are grateful to the jury for their hard work and for the confirmation of the validity of these patents. We are determined to defend the rights of inventors, and protect the interests of our investors and customers.
Symantec has been loaded with 9 million dollars compensation for the violation of the above presented the patent number 2 and 8 million dollars for patent infringement 1.
Symantec's representative admitted also that it is pleased that the jury accepted their proposal for a reduction of the compensation. In addition, the company is hoping to further reduce this amount.
Company Intellectual Ventures on your own backyard has a lot of enemies. In 2010 year filed lawsuits against companies, McAfee, Symantec, Trend Micro and Check Point for breach of exactly the same patents. McAfee and Check Point endorsed to the judgment of the Court, respectively, in the year 2012 and 2013. However, Trend Micro is waiting yet in May the process in this case, the result may many depend on a court decision on Symantec's.
Whether the $17 million is a lot of? It depends on the point of the seat. Last week Symantec published a report summarizing the financial results for the third quarter of 2014. The company gained net profit at 222 million dollars.
Actions for patent infringement are not uncommon in the IT security industry. While many complaints by the so-called. patent trolls, there are cases in which companies that provide security accuse each other of breaking patents: in may, Palo Alto Networks has agreed to pay 175 million dollars in cash for Juniper Networks after judicial process that lasted more than two years. Juniper Networks accused Palo Alto for infringement of several patents and use them in their own devices.
Before the patent troll Intellectual Ventures does not prevent a Kaspersky Lab, which lasted 18 months hearing in western Texas (patent trolls Cave) on behalf of the company Lodsys LLC , a subsidiary of Intellectual Ventures have been against Kaspersky Lab filed two lawsuits, which were violations of patents:
1. Patent 7222078 related to the infringement of the method, collect information from users of our software and services.
2. Patent 7620565 related using the violation to the design of database based on data collected from customers and analyze and report on information collected from users.
A violation of the first patent is from our point of view quite ridiculous. In brief it relates to error reporting in your applications. It was found that if the product allows the user to send feedback, for example, by clicking on the "report an error ' – it infringes the patent.
Kaspersky Lab in their products has used these methods e.g. How to license renewal, to notifications about new security updates, to help give users when downloading and updating the product, as well as in the cloud Kaspersky Cloud Network. Lodsys LLC for breach of these two patents requested from Kaspersky Lab compensation in the amount of $25 million.
With 2000 analysed the documents that formed the basis of the accusation, the Kaspersky Lab team had to come up with counter arguments and present them in court. From 51 to 55 of the defendant companies in the final hearing turned out only Symantec, HP, Samsung, and as a result, Kaspersky Lab Kaspersky's arguments have proved so persuasive, that the Court in the final judgment has a clause that the filing of similar action concerning these patents against Kaspersky Lab may not have space in the future. At the last hearing, wrapping up the whole process of lawyers Lodsys LLC does not even show up in the courtroom.
Intellectual Ventures together with her group (uk) company Lodsys LLC has so far issued more than 400 lawsuits against various companies from the IT industry.
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