ZPE Systems, Inc. Announces Significant Litigation Victories:

ZPE Systems, Inc., a California-based company that provides hardware and software products to control IT infrastructures, recently obtained two significant favorable rulings in a patent litigation brought against it by Avocent Huntsville, LLC., a subsidiary of Vertiv Co.

On July 23, 2018, the court issued an order allowing ZPE to proceed with counterclaims against Avocent, including counterclaims that Avocent is in violation of Federal antitrust laws because it filed the case knowing that its patents were invalid and unenforceable, for the improper purpose of restraining competition and to interfere with ZPE’s business.

On August 23, 2018, the court issued an order finding each patent claim asserted by Avocent against ZPE invalid for being indefinite under 35 U.S.C. § 112, ¶2, resulting in a complete victory for ZPE against Avocent’s patent infringement claims.

ZPE is very pleased that the court 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 pleased the court’s ruling allows the focus of the case going forward to now be properly placed on whether Avocent’s conduct in obtaining and attempting to enforce these patents violated antitrust law.

ZPE is represented in the litigation by Robert Whitman of Mishcon de Reya New York, LLP. 

The case is Avocent Huntsville, LLC v. ZPE Systems, Inc., case number 3:17-cv-04319, in the U.S. District Court for the Northern District of California.

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