NPE Buys Patents From IBM, Turns Them Against Oracle
After paying a reported $9 million for part of Big Blue's portfolio last fall, NPE Daedalus Blue has now enlisted Bunsow De Mory to assert five of the patents against the database giant.
May 27, 2020 at 07:26 PM
3 minute read
If IBM Corp. ever sued Oracle Corp. for patent infringement, it would pit two monumental names in the software business.
We got the next closest thing Tuesday when Daedalus Blue LLC—a nonpracticing entity that acquired 500 patent assets from Big Blue last fall—asserted five of them against Oracle in the Western District of Texas.
The patents relate to networking, storage and security in a cloud-based environment. The complaint, signed by a team of Bunsow De Mory attorneys headlined by Denise De Mory, reads at times as if IBM were the plaintiff.
"The five patents asserted in this case are the result of the work from 15 different IBM researchers, spanning a period of nearly a decade," they write in Daedalus Blue v. Oracle. "Over the years, IBM has licensed its inventions—including those claimed in the Asserted Patents—to many companies, including Amazon Web Services."
Daedalus Blue is not IBM, however. As reported by IAM last fall, IBM sold a slug of its portfolio to Daedalus Group LLC for a hefty $9 million. Daedalus Group listed Ed Gomez, formerly of Altitude Capital and Walker Innovation, as its managing principal. Virtually all of the patents were subsequently reassigned to Daedalus Blue.
So far, Daedalus Blue has filed one other lawsuit, asserting a different set of IBM patents involving drone navigation against SZ DJI Technology Co. Ltd., also in the Western District of Texas. The NPE is represented by Dunlap Bennett & Ludwig in that case.
In the Oracle case, Daedalus Blue is asserting patents on monitoring networks and their topology; providing fail-safe data replication in a distributed database system; autonomic scaling of virtual machines in a cloud computing environment; an improved policy-based data management system; and access control systems based on the assignment of roles and "super roles" to groups of users.
Among the accused products are Oracle's FS1-2 Flash Storage Systems; Oracle Enterprise Manager Cloud Control; Oracle Data Guard; Oracle Golden Gate; Oracle Cloud Infrastructure and Oracle Hierarchical Storage Manger, among others.
Some of the accused technology has its roots in products developed by Sun Microsystems, which Oracle acquired in 2009. Sun engaged in protracted intellectual property litigation with IBM in the 1980s. When Oracle acquired Sun, CEO Larry Ellison challenged IBM to "make our day."
Also signing onto Daedalus' complaint are Bunsow De Mory partners Robin Curtis, Jennifer Gilbert, Corey Johanningmeier, senior associate Brenda Entzminger, associates Jenna Fuller and Nicholas Mancuso, and attorney Gail Jefferson, along with B. Russell Horton of Austin, Texas-based George Brothers Kincaid & Horton.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllQuantum Computing Company to Part With General Counsel
How Dana Rao Built a 'Yes' Culture at Adobe and Why He Walked Away
Keker Secures Defense Win for EDA Software Company Real Intent in Synopsys Copyright Infringement Case
Old Laws, New Tricks: Lawyers Using Patchwork of Creative Legal Theories to Target New Tech
Trending Stories
- 1Judicial Ethics Opinion 24-60
- 2California Implements New Law Banning Medical Debt From Credit Reports
- 3Trump Picks Personal Criminal Defense Lawyers For Solicitor General, Deputy Attorney General
- 4Climate Groups Demonstrate Outside A&O Shearman and Akin Offices
- 5Republican Who Might Become FTC's Next Chair Blasts Democratic Commissioners' 'All Mergers Are Bad' Mindset
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250