ALACRITECH GRANTED PRELIMINARY INJUNCTION IN PATENT INFRINGEMENT LAWSUIT AGAINST MICROSOFT
Innovator Protects Its 8-Year Investment in Patents and Technology
San Jose, Calif. — April 13, 2005 —
Alacritech® Inc., the innovator of Dynamic TCP Offload™ data acceleration solutions that enable the highest performance
and efficiency in networked systems, today announced a U.S. District Court
granted Alacritechs motion for preliminary injunctionto prevent
Microsoft Corporation (Nasdaq: MSFT) from making, using, offering
for sale, selling, importing or inducing others to use Microsofts “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 Microsofts existing and future operating
systems containing the “Chimney” TCP offload architecture uses Alacritechs proprietary
SLIC Technology® architecture.
The suit is based on two of Alacritechs fundamental patents relating to scalable networking,
U.S. Patent No. 6,427,171 and
U.S. Patent No. 6,987,868, both entitled “Protocol Processing Stack for use with Intelligent
Network Interface Device.”
“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 Courts decision in this matter.”
“The standard required to grant a preliminary injunction is actually
much higher than the standard required to win at trial,” said
Mark Lauer, partner, Silicon Edge Law Group.
“Moreover, only one of Alacritechs patent claims was before the Court on this motion, as opposed to the
dozens of claims pending in this case. This also provides an indication of the strength of the other hundreds of patent
claims owned by Alacritech in this area. 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.”
Alacritechs Patent Rights
As the innovator of Dynamic TCP Offload technology that enables scalable networked systems, Alacritech has
been issued sixteen patents covering the fundamentals of network data placement, protocol offload,
protocol acceleration and file cache offload. After eight years of investment, inventions and development,
Alacritech took this action to protect its intellectual property and significant efforts in developing the
Dynamic TCP Offload architecture for scalable networking products.
Timeline of events leading to this legal action:
- 10/97—Alacritech files first provisional U.S. Patent application 60/061,809 on SLIC Technology
- 09/98—Alacritech meets with Microsoft and describes patent-pending Dynamic TCP Offload architecture in detail under a non-disclosure agreement
- 04/99—At Microsofts request, Alacritech delivers detailed architecture document for integrating Alacritech SLIC Technology into Windows
- 06/99—Microsoft ceases further communications with Alacritech and subsequently proceeds to use Alacritech SLIC Technology without a license
- 04/00—Alacritech ships first products based on SLIC Technology
- 05/01—First Alacritech patent on SLIC Technology, U.S. Patent No. 6,226,680 issued
- 07/02—Alacritech U.S. Patent No. 6,427,171 issued
- 05/03—Microsoft presents new technology called “Chimney” at Windows Hardware Engineering Conference
(WinHEC) that appears to be close to Alacritech intellectual property
- 10/03—Alacritech offers Microsoft a license
- 02/04—Alacritech US Patent No. 6,697,868 issued
- 04/04—Microsoft rejects licensing terms that would be acceptable to Alacritech
- 08/04—Alacritech files suit to stop Microsoft from infringing and inducing others to infringe Alacritechs intellectual property rights
- 11/04—Alacritech files motion for preliminary injunction to stop Microsoft from continuing to infringe and inducing others to infringe Alacritechs intellectual property rights
- 04/05—Alacritech granted motion for preliminary injunction enjoining Microsoft from continuing to infringe and inducing others to infringe Alacritechs intellectual property rights
First Scalable Architecture for Networking and Storage
Alacritech was the first to envision a network protocol processing architecture that
bypasses Moores Law and the limitations of processors to enable scalable, networked systems.
Alacritech was founded in 1997 to develop SLIC Technology, a scalable Dynamice TCP Offload architecture
that eliminates network processing bottlenecks, closes the I/O processing gap and enables the seamless
convergence of networking and storage. Even as network speeds increase, SLIC Technology architecture scales to address
the performance and interconnect requirements of future networking and I/O initiatives. First to market, and
well ahead of any competition, Alacritechs SLIC Technology architecture provides an efficient and proven
foundation for scalable networking initiatives.
About Alacritech SLIC Technology®
Alacritechs SLIC Technology is a Dynamic TCP Offload™ architecture that is the first fully compatible and
scalable architecture to offload network protocol processing including TCP/IP, RDMA and iSCSI from host
software to silicon. By efficiently eliminating system and network bottlenecks and maximizing data movement
through Ethernet-based networks, SLIC Technology significantly increases system, application and network
performance and enables scalable networking to 10 Gigabit and beyond. All Alacritech Accelerator products
are based on SLIC Technology and include Gigabit Ethernet TNIC products, iSCSI controller
products and IPP ASICs. All Alacritech products offer industry-standard failover and link aggregation.
About Alacritech, Inc.
Alacritech, Inc. is the world’s leading supplier of standards-based scalable
networking technology and solutions that enable the highest performance and efficiency in
networked systems. As the first to envision a dynamic network protocol processing
architecture that enables systems to scale to address ever increasing data and
network speeds, Alacritech developed and patented the SLIC Technology® architecture.
Alacritech’s complete line
of Accelerators, based on this architecture, optimize data delivery in servers,
network-attached storage and iSCSI storage devices. SLIC Technology, the basis
of industry-accepted TOE solutions, ships in storage and server products worldwide.
Alacritech is a privately held company based in San Jose, California. For more
information about Alacritech and its products, please visit the company’s
Web site at www.alacritech.com.
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Alacritech, the Alacritech logo, SLIC Technology,
SLIC Technology logo, Accelerating Data Delivery and Dynamic TCP Offload are
trademarks and/or registered trademarks of Alacritech, Inc. in the United States.
Other marks belong to their respective owners.
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