EMC wins storage patent dispute with HP

EMC wins storage patent dispute with HP

EMC is seeking a court injunction to prevent Hewlett-Packard from shipping its CASA storage appliance with the remote and local mirroring software it presently includes, following a jury verdict Monday in a software patent dispute between the two companies.

A jury in U.S. District Court in Worcester, Massachusetts, found that HP has infringed three of EMC's software patents relating to the creation of identical copies, or mirrors, of system files. Two of the patents cover a remote mirroring technique used in EMC's Symmetrix Remote Data Facility, EMC said. The other covers a mirroring technique used in the company's TimeFinder software.

EMC is now seeking an injunction that would prevent HP from selling products containing the patented software, including its CASA (Continuous Access Storage Appliance), said EMC spokeswoman Anne Pace.

HP became involved in the dispute following its July 2001 acquisition of StorageApps, a storage management company, which EMC initially sued over the matter in October 2000.

Damages in the case have not yet been set, said Brian Garabedian, an HP spokesman.

"HP disagrees with the jury's decision of infringement of the EMC patents asserted against HP," he said. However, he added, HP is "prepared to take whatever steps necessary to minimize the potential impact to existing customers and channel partners."

HP and EMC are also involved in a separate California lawsuit involving seven patents relating to software and hardware in EMC's Symmetrix and Clariion product lines. That case is expected to go to trial in 2005, Garabedian said.

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