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By | Chris Mellor 5th August 2016 08:36

Springpath will return Simplivity's sueball serve with gusto

IP infringement case defense to include non-infringement and invalidity aspects

It's IP war in hyper-converged storage land. SimpliVity is suing Springpath for wilful patent infringement and has won an early round in the case. But Springpath wants us to know that it is early days and it’s going to defend itself vigorously.

Marketing veep Ashish Gupta sent us this statement:

Springpath believes that the lawsuit lacks any merit. Our product/platform, which has 12 patents filed beginning in 2012, was organically developed and functions differently than Simplicity’s offering. In fact it is far superior as it can scale seamlessly and offers [a] full complement of data services without the need of any hardware acceleration. It categorically does not infringe on any Simplivity patents.

We plan to defend the case on both non-infringement and invalidity grounds. It is important to understand that this lawsuit is in the early stages. The motion to dismiss being reported on was a routine procedural motion testing whether the complaint contained enough detail; the ruling on the motion in no way reflects an evaluation of the merits of Simplivity’s claims or our defence.

We have yet to file our initial answer to the claims, which we will deny, and following this denial we will begin our defence on the merits of the case.

This one is going to run for a while yet. Patently we have to be patient in patent cases. ®

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