WebGain, a provider of e-business development software, yesterday said that patent infringement claims against the company are without merit. Earlier this month, the Borland Software Company, a rival developer, sued WebGain, alleging that WebGain's products infringed its patents and that it should have negotiated a licence to use its software.

In May, WebGain asked a US court to declare that its products do not infringe Borland's patents. No declaration has yet been given and on Friday, Borland filed its own infringement action against WebGain. Robert Melendres, senior vice president and general counsel of WebGain said:

"We aggressively protect our intellectual property, respect the intellectual property of others, and will continue to seek relief from the courts regarding Borland's baseless accusations of patent infringement. We are confident we will prevail.''

Dale L. Fuller, president and chief executive officer of Borland, said:

"While we would have preferred not to file this claim, we value our intellectual property rights and we have a responsibility to take the necessary steps to protect these valuable assets. WebGain's refusal to negotiate an appropriate license agreement left us no other choice. We must and we will protect our intellectual property."

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