HP, EMC in arbitration in case involving Bridgewater, NJ company
EMC initially sued StorageApps in October 2000 claiming that the Bridgewater, New Jersey, company had 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. In July 2001 HP acquired StorageApps and the lawsuit. An Oct. 4, 2004, court injunction prohibits HP from selling technology that uses the patents, including versions of HP's StorageApps SV3000 and CASA (Continuous Access Storage Appliance) devices. The binding arbitration will determine what damages are to be awarded EMC, but not necessarily cover whether or not HP will be able to resume selling the products in question, the EMC spokeswoman said. "The injunction is permanent," she said. "At this point this damages phase is purely financial."
A Bloomberg report in the Boston Globe stated:
HP and EMC Corp. agreed to let an arbitrator decide how much Hewlett-Packard should pay for infringing on three EMC patents related to computer data storage. A federal jury in Worcester found HP liable for infringement in May 2004, and a trial to set damages was scheduled for Feb. 16. The two sides instead agreed to ''private, binding arbitration," court documents said. The dispute centers on HP's OpenView Continuous Access Storage Appliance, which the company obtained when it bought closely held StorageApps Inc. in 2001. US District Judge Nathaniel M. Gorton on Jan. 27 granted the companies' request to refer the damages issue to arbitration. Hopkinton-based EMC sued StorageApps in 2000, claiming the software used EMC's patented technology that makes mirror copies of data on systems.