Brocade BRCD
today announced that a San Jose federal court confirmed a $60 million
damages verdict against A10 Networks and entered an order permanently
enjoining A10 from infringing on Brocade's patents involving
technologies for Global Server Load Balancing and High Availability.
The Court enjoined A10 from "making, using, selling, or offering to
sell in the United States, or importing into the United States any AX
series application delivery controller that includes features that
infringe" on these asserted claims.
Further, A10 has been ordered to "notify all distributors, customers,
or third-parties who have ordered, received, or purchased any AX series application delivery controller from A10 or any affiliated
entity" about the issuance of this order within 10 business days.
On Aug. 6, 2012, a jury in the case of Brocade v. A10 Networks found
for Brocade on four claims of patent infringement involving
technologies for Global Server Load Balancing and High Availability
and found that the A10 AX Series line of load balancers infringe on
these specific patents. In addition, the jury found A10 liable for:
-- Direct copying of proprietary Brocade code used in Brocade's
ServerIron products for use in A10 products.
-- Misappropriation of four trade secrets involving techniques used in
the Brocade ServerIron products that A10 applied for use in its AX
series.
-- Unfair competition based on interference with the contract of an
engineer while he was employed at Foundry Networks, which Brocade acquired in late 2008.
The Court confirmed all liability findings by the jury against A10 and
confirmed the $60 million in damages for copyright infringement. The
Court further confirmed that there was sufficient evidence against
A10 to award another $50 million in lost profits damages on the
patent claims. In order to clarify the amount of additional damages
that A10 will be liable for, the Court has granted a new trial to
determine only the amounts of patent and punitive damages.
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