The Channel logo

News

By | Chris Mellor 21st March 2016 22:12

EMC drags Pure to court again, claims FlashArray rips off dedupe patent

Not so fast, upstart – get back here

First, EMC dealt Pure a $14m blow when a court ruled that Pure's FA-300/FA-400 arrays infringed one of EMC's patents.

Now the storage giant is suing Pure again – this time over the upstart's newer FlashArray//m systems, which also allegedly infringe the aforementioned data-reduction patent. EMC wants an injunction against its rival and damages.

A complaint, filed in the US state of Delaware, claims: "Pure Storage infringes EMC's United States Patent No. 7,434,015 ("the '015 patent"). The '015 patent ... relates to data deduplication." The filing continues:

For years, Pure Storage has incorporated data deduplication in its products that is covered by and infringes EMC's '015 patent.

EMC's lawsuit says the earlier damages award was only for sales of Pure Storage products from November 2013 to January 2016 and covered only a limited set of Pure Storage products: the FlashArray series 300 and 400 products.

The Dell-acquisition-target now alleges: "The FlashArray//m product contains deduplication technology that is materially the same as the technology already found to infringe the '015 patent."

There are four FlashArray//m products: //m10, //m20, //m50, and //m70. The EMC complaint claims: "On information and belief, FlashArray//m sales already exceed in volume the sales of the FlashArray 300 and 400 models already found to infringe the '015 patent."

Ergo the damages should be higher, according to EMC:

At a minimum, EMC is entitled to significant compensatory damages for these sales. Moreover, Pure Storage's infringement has been willful and deliberate, and EMC is entitled to additional remedies, including enhanced damages and attorneys' fees.

The complaint, submitted on Monday, says "Pure Storage has stated that it believes that it has alternative deduplication functionality that it may implement to try to avoid 'ongoing royalties.' As Pure Storage knows, however, its supposed alternative designs still infringe the '015 patent."

EMC demands a trial by jury on all issues triable by a panel of peers. ®

comment icon Read 2 comments on this article or post a comment alert Send corrections

Opinion

Baby looks taken aback/shocked/affronted. Photo by Shutterstock

Kat Hall

Plans for 2 million FTTP connections in next four years 'not enough'
Microsoft CEO Satya Nadella
Stranded_ships

Chris Mellor

Thousands of layoffs announced as spinning rust enters its death spiral

Features

STRASBOURG, JUNE 29, 2016: The seat of the European Parliament. by Marco Aprile for shutterstock. EDITORIAL USE ONLY
Plan b, image via Shutterstock
EU workers, new markets: post-Brexit pressure on May & Co
Tough question, pic via Shutterstock
Honest mistake with your licensing? Audit police look at it on a 'case by case basis'