Intellectual Ventures and Symantec go at it again. According to CNET, Intellectual Ventures, the plaintiff, lodged a complaint against Symantec, the defendant, in the District Court of Delaware. The nature of the case involves patent infringement.
The case pinpoints Symantec’s Replicator, Veritas Volume Replicator and ApplicationHA as the products that broke the patent laws stated in the Title 35 of the United States Code. According to the complaint filed in the court, the products of the defendant specifically infringed the 533, 131 and 359 patents of the plaintiff.
In addition, the document filed before the District Court of Delaware states that Symantec has full knowledge of the 533 patent of Intellectual Ventures because it made a reference to it in its disclosure statement in December 3, 2009. Thus, the defendant’s action in violating the company’s intellectual property was made in a willful and deliberate manner.
Intellectual Ventures seeks to claim indemnification arising from the damages caused by Symantec in the distribution and sale of the products infringing their company’ patents purposely. This includes covering the attorneys’ fees used by the plaintiff and other costs that are pursuant with the law. It also requests the court to prevent the defendant from the continuous distribution of the specified products in the complaint.
Intellectual Ventures’ lead litigation counsel, Melissa Finocchio, commented that her company was unable to arrive at an agreement with Symantec. On the other hand, the defendant has refused to state its side when CNET asked them last week for their response or comments regarding the subject.
Based on the source and other reports, both parties are involved in a separate case filed in December 2010. The news source said that the complaint of Intellectual Ventures in 2010 also accused other companies such as Trend Micro, McAfee and Point Software Technologies of infringement.