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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.
Do you remember back in 2005 a company called Cognex took on Lemelson Partnership and won, invalidating 14 of Lemelson's patents? Well, it turns out that after that, they took on Acacia Research, and they just beat them too. Acacia is now minus one of its patents.
The already vicious lawsuit involving Barracuda Networks and Trend Micro that is currently in discovery in front of the American International Trade Commission (ITC) just turned nastier. Barracuda has filed its own patent infringement claim against Trend Micro, based upon three recently acquired patents.
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.
"Join us and the ScriptumLibre.org Foundation in boycotting all products and services sold by Trend Micro. The proprietary software company Trend Micro has filed a patent infringement lawsuit against Barracuda Systems. They claim that Barracuda is violating their patent by distributing the free software antivirus program ClamAV..."
"The ScriptumLibre.org Foundation issued a call today for a worldwide boycott on Trend Micro products. The call comes as a response to the public announcement on January 29th that a lawsuit was filed by Trend Micro in November 2007, which claims that software-security company Barracuda Networks is infringing its U.S.-patent on software that filters out viruses on Internet gateway computers..."
Trend Micro might insist that its patent case against Barracuda Networks isn't about free software -- but try telling that to the free and open source software (FOSS) community. Since Barracuda Networks went public about the case last month, it has heard from "a tremendous number of individuals" according to Dean Drako, Barracuda's president and CEO. Even more significantly, announcement of the case has led to a boycott against Trend Micro.
When patent troll Acacia sued Red Hat in 2007, it ended with a bang: Acacia’s patents were invalidated by the court, and all software developers, open-source or not, had one less legal risk to cope with. So, why is the outcome of Red Hat’s next tangle with Acacia being kept secret, and how is a Texas court helping to keep it that way?