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12 July 2018Patents

BT accuses Fortinet of infringing five patents

Telecommunications company BT has accused cybersecurity software developer Fortinet of infringing five patents relating to network security.

BT filed its complaint at the US District Court for the District of Delaware on Tuesday, July 10.

According to the lawsuit, BT is the oldest telecommunications company in the world. It annually spends more than £500 million ($660.7 million) on research and development, which BT said has led to “numerous patents” being granted.

Fortinet, a developer and seller of cybersecurity software and appliances, offers “a broad range of products and services which incorporate technologies invented by BT”, the complaint alleged.

Security appliances including FortiSandbox, FortiManager, and FortiGuard are among those that allegedly incorporate BT’s patented technology.

BT said it has informed Fortinet that its products infringe BT’s patents and has requested that Fortinet enter into a licensing agreement.

The asserted patents (US numbers 7,159,237; 7,895,641; 7,370,358; 7,693,971; and 7,774,845) cover methods of monitoring, detecting, and responding to intrusions on computer networks.

Fortinet has not given “meaningful responses” to this correspondence, BT claimed, and instead “wilfully and wantonly” continues to infringe the company’s patents. BT added that Fortinet derives substantial value from the products and services which infringe its patented technologies.

By supplying consumers with infringing technologies, Fortinet has “knowingly encouraged and intended” for its customers to use products and services to engage in infringing activities, BT claimed.

As Fortinet’s products and services compete with those of BT, the telecommunications company is suffering irreparable harm as a result of the infringement, the suit claimed. BT requested that the court issue an order to permanently enjoin Fortinet from further acts of infringement.

BT also asked the court to award damages in an amount to be proven at trial, amounting to no less than a reasonable royalty, and requested that the amount should be tripled due to the wilful and deliberate infringement. BT also said the court should award it attorneys’ fees.

Speaking to WIPR, a spokesperson for BT said: “BT’s constant investment in innovation has seen it develop a large portfolio of patents which are valuable corporate assets, so it is only right that BT protects its investment.”

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