Brocade Communications Systems Inc. announced a jury verdict awarding $112 million in an intellectual property infringement and business tort suit against A10 Networks.
On August 6, 2012, a San Jose federal court jury returned a verdict for patent and copyright infringement and trade secret misappropriation that covered A10′s entire AX Series load-balancing server products. The jury also unanimously awarded punitive damages against A10 and against its CEO, Lee Chen, strongly condemning their interference with contract.
The jury found for Brocade on:
Brocade was represented by Allen Ruby of Skadden, Arps, Slate, Meager & Flom, partners Annette Hurst, Bas de Blank and Denise Mingrone of Orrick, Herrington & Sutcliffe, and Fabio Marino of McDermott, Will & Emery. Brocade is a longstanding client of Orrick, which has handled numerous intellectual property matters for the company.
Additional assistance at trial was provided by Orrick associates Sid Venkatesan, Elizabeth McBride and Christina Von der Ahe, McDermott, Will & Emery associate Nitin Gambhir and Steven Lybrand of Skadden acting as jury consultant.
Brocade will now proceed with a second phase of the litigation in which it will pursue additional claims of patent and copyright infringement and trade secret misappropriation. Orrick is also evaluating the options for seeking permanent injunctive relief.