Avocent’s litigation included allegations that ZPE had infringed two patents. Prior to the settlement, ZPE obtained court orders that Avocent’s patents were invalid, and that ZPE could proceed with a number of counterclaims against Avocent, including counterclaims that Avocent was in violation of Federal antitrust laws because it filed the case knowing that its patents were invalid and unenforceable.
In January 2019, ZPE and Avocent settled their dispute. The terms of the settlement are confidential.
“We were pleased with the court’s rulings, which recognized that Avocent’s patents are invalid and cannot be used to prevent ZPE, or anyone else, from competing with Avocent,” said ZPE CEO and co-founder, Arnaldo Zimmermann. “We are also very pleased with the settlement. ZPE can now better focus its efforts on the market.”
ZPE was represented in the litigation by Robert Whitman of Mishcon de Reya New York, LLP.
The cases were Avocent Huntsville, LLC v. ZPE Systems, Inc., case number 3:17-cv-04319, and Avocent Corporation v. ZPE Systems, Inc., case number 3:18-cv-06556, both in the U.S. District Court for the Northern District of California.
Link to previous Article: ZPE Systems, Inc. Announces Significant Litigation Victories