ITC Cases

In re Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same, ITC Inv. No. 337-TA-624 (2008).

Jim Otteson defended respondent Barracuda Networks, Inc. in a case brought by complainant Trend Micro, Inc., which alleged that Barracuda infringed a patent relating to the use of anti-virus software at a network gateway. Barracuda moved for summary determination of non-importation on the basis that all of Barracuda's network firewall products were manufactured in the United States, and not imported. Barracuda's products included executable code that was compiled from open source software that was downloaded from servers present in the United States. Trend Micro alleged that this domestically downloaded and compiled software satisfied the ITC's importation requirement; Barracuda moved for sanctions on this argument by Trend Micro. The case settled shortly before trial in October 2008 on terms that were very favorable for Barracuda.

• Back to ITC Litigation: Section 337 Investigations

Other Representative Section 337 ITC Cases:

• Foam Footwear
• Non-Shellfish Derived Glucosamine and Products Containing Same
• Semiconductor Chips with Minimized Chip Package Size and Products Containing Same
• CD-ROM Controllers and Products Containing Same II