Out-Law / Your Daily Need-To-Know

Hewlett-Packard and EMC filed duelling lawsuits yesterday, accusing each other of infringing on patents for data storage technology, according to media reports. HP filed first in a district court in California, alleging that “a range of features” in EMC’s Symmetrix and Clariion systems and TimeFinder software infringe seven of its patents; EMC responded within hours, saying HP was infringing EMC’s patents.

HP is seeking to block EMC from continuing to use the intellectual property allegedly protected by the patents, in addition to damages.

EMC claims that “certain HP data storage products” infringe six patents owned by EMC. Four of the allegedly infringed EMC patents are “the foundation” of the Symmetrix Remote Data Facility and TimeFinder software products.

HP said in a statement that it “would prefer to compete with EMC in the marketplace”, and that EMC “opted to pursue a lawsuit against Hitachi… as well as HP directly through ongoing litigation relative to StorageApps.” Hitachi is one of EMC’s technology providers, whilst StorageApps was acquired by HP last year.

EMC on the other hand characterised the HP suit as a “competitive marketing volley”, according to Reuters.

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