Feeds

Brocade blocks McData in court battle

Storage Wars

  • alert
  • submit to reddit

Remote control for virtualized desktops

ComputerWire: IT Industry Intelligence

Brocade Communications Systems Inc has won the first round in its court battle with McData Corp, beating off McData's request for a preliminary injunction that would have forced Brocade to disable some features in some of its products.

The United States District Court for the District of Colorado has denied McData's request for it to issue an interim or pre-trial preliminary injunction ahead of a full court hearing of the lawsuit it launched in February. That suit alleged the frame filtering or traffic filtering technology in Brocade's SAN switches infringes its patents.

McData's lawyers had set themselves a tough goal to win a preliminary injunction, because under US law a preliminary injunction can only be granted if the plaintiff can proves that multiple conditions have been met.

The court said that McData had not proven that it is reasonably likely to win the full trial. Senior District Judge John Kane said that provisionally he accepted Brocade's argument that the two sides signed a deal in 1999 which barred them from suing each other for patent infringement.

A "delighted" Brocade issued a statement in which it claimed that this provisional finding by the court shows which way the full battle will play out.

"Although the denial of McData's request for a preliminary injunction does not conclude the lawsuit, it does provide a clear indication of how we believe the court will ultimately rule," Brocade said.

McData also issued a statement, in which it repeated the court's statement that its findings were only provisional "and are not binding on the parties at trial," and that while Brocade only had to raise a substantial question about its defenses to avoid an injunction, Brocade would bear the burden of proving its defenses at the trial.

© ComputerWire

Remote control for virtualized desktops

More from The Register

next story
Azure TITSUP caused by INFINITE LOOP
Fat fingered geo-block kept Aussies in the dark
NASA launches new climate model at SC14
75 days of supercomputing later ...
Yahoo! blames! MONSTER! email! OUTAGE! on! CUT! CABLE! bungle!
Weekend woe for BT as telco struggles to restore service
You think the CLOUD's insecure? It's BETTER than UK.GOV's DATA CENTRES
We don't even know where some of them ARE – Maude
DEATH by COMMENTS: WordPress XSS vuln is BIGGEST for YEARS
Trio of XSS turns attackers into admins
Cloud unicorns are extinct so DiData cloud mess was YOUR fault
Applications need to be built to handle TITSUP incidents
BOFH: WHERE did this 'fax-enabled' printer UPGRADE come from?
Don't worry about that cable, it's part of the config
Astro-boffins start opening universe simulation data
Got a supercomputer? Want to simulate a universe? Here you go
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
10 threats to successful enterprise endpoint backup
10 threats to a successful backup including issues with BYOD, slow backups and ineffective security.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
The Heartbleed Bug: how to protect your business with Symantec
What happens when the next Heartbleed (or worse) comes along, and what can you do to weather another chapter in an all-too-familiar string of debilitating attacks?