Kaspersky Lab Prevails in Legal Fight Against Technology Patent Troll
Woburn, MA – October 2, 2013 – Kaspersky Lab is pleased to announce that it has emerged victorious from a lawsuit initiated by Lodsys, a company located
in Texas that operates as a Patent Assertion Entity, more commonly known as a non-practicing
entity or “Patent Troll,” known for initiating patent infringement lawsuits
against a variety of companies.
Kaspersky Lab, along with 54 other companies including Atari, Symantec
and Estee Lauder were originally named in Lodsys’ lawsuit. Of the 55 total companies named as defendants
in the lawsuit, only Kaspersky Lab refused to settle out of court with Lodsys,
and instead demanded the case be brought to trial. On September 30, seven days before the trial
was to commence, Lodsys withdrew its claims rather than facing the verdict of
the court, and its lawsuit was dismissed with prejudice. Kaspersky Lab paid no money to Lodsys, and
did not agree to any settlement terms.
position is firm. No concessions to the
trolling scum and IT racketeers. We call
on all other IT companies to keep on fighting and not give up. Only then will
it be possible to get rid of the patent parasites once and for all,” said
Eugene Kaspersky, Chairman and CEO, Kaspersky Lab.
May 2012, Lodsys filed a patent action against 55 companies in the USA. Lodsys
claimed that each company was infringing on one or more of four patents that
pertain to collecting user’s perceptions about the product, including
purchases, and upgrades with computer applications. 51 of those companies agreed to settle the
case out-of-court. The rest of the
defendants were initially determined to fight against the lawsuit, but
unfortunately they gave up just 10 days before the final trial hearings were to
commence. The only company that stayed to assert its rights was Kaspersky
Lab. On September 30th, 2013, the court
approved the petition from Lodsys to withdraw its claim and the lawsuit was
dismissed with prejudice. Kaspersky Lab
maintains that it does not infringe on any of Lodsys’ patents, and that their
patent claims are invalid.
should be noted that more than 400 other companies, including large companies
like Oracle as well as many small application developers, had signed license
agreements with Lodsys before this lawsuit was filed. Through these agreements,
Lodsys earns licensing fees whenever these companies use their
allegedly-patented technologies. Lodsys is currently involved in a number of
business of Patent Trolls around the globe is very large scale, and has been
attributed as a hindrance to innovation, development, and implementation. Rather than incur the cost of litigation and
time required to fight these frivolous lawsuits, most companies will pay these
Patent Trolls their requested fees. The
example set by Kaspersky Lab’s handling of this lawsuit shows that these legal
actions can be successfully defeated, and that appeasement, while perhaps a
faster course of resolution, only succeeds in “feeding the trolls.”
process was really hard to manage for different reasons: First, many
co-defendants had their own opinion so it was hard to coordinate the case on
the defendant side; Second, the troll’s patents are very abstract and the first
fight that must be won is the fight about terms and claim constructions,” said
Nadia Kashchenko, Chief Intellectual Property Counsel at Kaspersky Lab, Patent
Attorney. “Also in Texas, where the lawsuit was filed, everything is very
speedy and we had very little time to prepare for each step, do deep analysis
and prepare weighty counterarguments, and present all materials to the court.
Finally the troll’s nature, where no concessions can be given!”
is not the first lawsuit over a Patent Troll won by Kaspersky Lab. Last year another
Troll, IPAT (Information Protection and Authentication of Texas), gave up
without getting anything from Kaspersky Lab following a decision in favor of
Kaspersky Lab from the U.S. District Court for the Eastern District of Texas.
About Kaspersky Lab Kaspersky Lab is the world’s largest privately held vendor of endpoint
protection solutions. The company is ranked among the world’s top four vendors
of security solutions for endpoint users*. Throughout its more than 15-year
history Kaspersky Lab has remained an innovator in IT security and provides
effective digital security solutions for large enterprises, SMBs and consumers.
Kaspersky Lab, with its holding company registered in the United Kingdom,
currently operates in almost 200 countries and territories across the globe,
providing protection for over 300 million users worldwide. Learn more at www.kaspersky.com.
company was rated fourth in the IDC rating Worldwide Endpoint Security Revenue
by Vendor, 2011. The rating was published in the IDC report "Worldwide
Endpoint Security 2012–2016 Forecast and 2011 Vendor Shares (IDC #235930, July
2012). The report ranked software vendors according to earnings from sales of
endpoint security solutions in 2011.