Injunction Granted Against M$
Alacritech Inc., a TCP Offload data acceleration solution provider today announced a U.S. District Court ruling that granted Alacritech's motion for preliminary injunction against Microsoft Corporation.
The injunction prevents Microsoft from making, using, offering for sale, selling, importing or inducing others to use Microsoft's "Chimney" TCP offload architecture slated to be available in both the "Longhorn" version of the Windows operating system and in the Scalable Networking Pack for Windows Server 2003.
Alacritech sued Microsoft in Federal District Court on August 11, 2004, alleging that Microsoft's existing and future operating systems containing the "Chimney" TCP offload architecture uses Alacritech's proprietary SLIC Technology architecture.
"After Alacritech discovered that Microsoft Chimney is based on intellectual property that we developed, patented and own, we offered Microsoft a license," said Larry Boucher, president and CEO, Alacritech Inc.
"Microsoft rejected licensing terms that would be acceptable to us. We were forced to sue Microsoft to stop them from continuing to infringe, and inducing others to infringe, on our intellectual property rights. We are very pleased with the Court's decision in this matter," added Boucher.
According to Mark Lauer, partner, Silicon Edge Law Group, "I expect Microsoft to try to downplay the significance of this ruling. But last year, at a conference Microsoft called the most important conference for the PC hardware industry, Microsoft said this technology would allow them to rule the world for the next few years."