Feeds

Backup firm sues Intel, Microsoft, HP, Dell, Acer...

'One button restore is mine'

Application security programs and practises

A computer backup recovery firm claims Intel, Microsoft, Hewlett-Packard, Dell, Acer, and others have aped its patent for quickly restoring a PC after data corruption.

Xpoint Technologies is headed by David Wang, credited for the allegedly infringed upon US patents and claimed member of the original team that developed the first IBM Personal Computer.

Patents 7,024,581 and 7,430,686, called "Data Processing Recovery System and Method Spanning Multiple Operating Systems," were issued to Xpoint and Wang in April 2006 and September 2008, respectively. The first was filed October 9, 2002.

The patents describe creating a backup copy of a PC's primary storage in a separate storage area that also holds a secondary OS used for quicker recovery if the primary storage is corrupted.

Xpoint sells its technology as One Button Restore software. It also licenses the technology to IBM as it's Rapid Restore PC software used in ThinkPad notebooks and NetVista desktop systems.

The lawsuit claims that in September 2002 [note: before the patent was filed], Intel contacted Xpoint, requesting an evaluation license of the Rapid Restore software. Although Intel ultimately passed on licensing the technology, Xpoint alleges Intel used what it learned in descriptions and negotiations with the company to develop infringing technology.

Specifically, Xpoint fingers Intel chipsets and motherboards that use FarStone's RestoreIT system and Acronis True Image technology.

The motherboards and chipsets the lawsuit claims step on Xpoint's IP include "numerous" brands of desktops, laptops, and workstations sold by Dell, Acer, and Toshiba.

Xpoint also claims that on separate occasions, HP and Dell flirted with licensing agreements — and then used what they knew to make their own brand of backup software.

Finally, Xpoint claims Microsoft infringes on its patents with Windows Vista by using a second storage area for backup that includes a second operating system and user data.

The company seeks unspecified monetary damages as well as an injunction on the allegedly infringing software and hardware.

A copy of the lawsuit, filed in US District Court in Delware, is available here.

A request for comment via telephone to Xpoint was not immediately returned, and attempts by e-mail resulted in delivery failure errors. Hmmm. ®

Eight steps to building an HP BladeSystem

More from The Register

next story
Sysadmin Day 2014: Quick, there's still time to get the beers in
He walked over the broken glass, killed the thugs... and er... reconnected the cables*
SHOCK and AWS: The fall of Amazon's deflationary cloud
Just as Jeff Bezos did to books and CDs, Amazon's rivals are now doing to it
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
US judge: YES, cops or feds so can slurp an ENTIRE Gmail account
Crooks don't have folders labelled 'drug records', opines NY beak
Auntie remains MYSTIFIED by that weekend BBC iPlayer and website outage
Still doing 'forensics' on the caching layer – Beeb digi wonk
BlackBerry: Toss the server, mate... BES is in the CLOUD now
BlackBerry Enterprise Services takes aim at SMEs - but there's a catch
The triumph of VVOL: Everyone's jumping into bed with VMware
'Bandwagon'? Yes, we're on it and so what, say big dogs
Carbon tax repeal won't see data centre operators cut prices
Rackspace says electricity isn't a major cost, Equinix promises 'no levy'
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.