Barracuda Networks Files Countersuit Against Trend Micro to

Defend Its Intellectual Property and Use of Open Source Software 
CAMPBELL, Calif.--(BUSINESS WIRE)--July 02, 2008
Barracuda Networks Inc., the worldwide leader in email and Web
security appliances, today announced it has filed a countersuit in the
Court for the Central District of California against Trend Micro. The
countersuit alleges that Trend Micro infringes upon three patents
owned by Barracuda Networks and seeks damages and an injunction on
sales of the infringing products. 
This countersuit comes as Barracuda Networks continues to defend
itself, the open source community and the free and open source ClamAV
project, against a claim made by Trend Micro with the International
Trade Commission (ITC). That claim alleges that Barracuda Networks
infringes on Trend Micro's U.S. Patent No. 5,623,600 ('600 patent),
but effectively implies that anyone using the free and open source
ClamAV software at the gateway infringes the patent. Barracuda
Networks believes that the '600 patent is invalid and further believes
that neither its products nor the ClamAV software infringe the patent. 
"The reality is that Trend Micro is asking Barracuda Networks to
pay for the use of the free and open source ClamAV software," said
Dean Drako, president and CEO of Barracuda Networks. "We have asserted
all along that Trend Micro's actions are unjust and could have serious
implications against the open source community and other free and open
source projects." 
In its countersuit, Barracuda Networks claims that Trend Micro
infringes upon U.S. Patent Nos. 7,093,287; 7,093,294 and 7,103,913
which were purchased by Barracuda Networks in an effort to build an
intellectual property (IP) portfolio for defense. These patents,
purchased from IBM and developed at the world-renowned Thomas J.
Watson Research Center, detail valuable methodologies for virus
protection, spam and Web filtering, and intrusion detection. 
"Barracuda Networks would prefer to focus on innovation, not
litigation, so it is unfortunate that we must defend ourselves with a
countersuit," said Drako. "Innovation will lead to a safer Internet,
litigation will not." 
If successful, Barracuda Networks plans to contribute all of the
net proceeds to help the open source community. 
"We are grateful to the open source community, many of whom have
contributed significant prior art in our ongoing case against Trend
Micro," said Drako. 
For more information on this issue, please visit
www.barracuda.com/legal. 
About Barracuda Networks Inc. 
Barracuda Networks Inc. is the worldwide leader in email and Web
security appliances. Barracuda Networks also provides world-class IM
protection, application server load balancing, Web application
security, and message archiving appliances. More than 50,000
companies, including Coca-Cola, FedEx, Harvard University, IBM,
L'Oreal, and Europcar, are protecting their networks with Barracuda
Networks' solutions. Barracuda Networks' success is due to its ability
to deliver easy to use, comprehensive solutions that solve the most
serious issues facing customer networks without unnecessary add-ons,
maintenance, lengthy installations or per user license fees. Barracuda
Networks is privately held with its headquarters in Campbell, Calif.
Barracuda Networks has offices in eight international locations and
distributors in more than 80 countries worldwide. For more
information, please visit www.barracuda.com. 
CONTACT:
Barracuda Networks Inc.
Kylie Heintz, 408-342-5440
kheintz@barracuda.com
 
 
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