Legato insists that it has been gravely wronged. The company, which is being represented by McDermott Will & Emery, has asked to be awarded unspecified damages and is demanding an injunction prohibiting NSI from using, selling, or licensing software using its patented technology.
"We are committed to defending our intellectual property," says Theodore Chen, Legato's director of intellectual property and general counsel. He says he doesnt yet know how long the case might take or how much Legato stands to win. But he adds, "I can tell you, its not going to be a small amount."
NSI, for its part, claims it just learned about the case from Legatos Website today. "We are presently looking in to the nature of the action because we have received no direct communication from Legato," NSI spokeswoman Bridget Hatt writes in an email to Byte and Switch. "We respect the rights of others just as we expect them to respect our rights but are unaware of any basis for a claim by Legato at this time."
Chen, however, says that Legato contacted NSI last week. "We have contacted them directly," he says. "We havent heard from them yet."
The Legato lawsuit appears to be part of a larger trend, according to Chaikovsky. Were seeing more and more of these systems/software cases being filed, he says, adding that this could be because so many software patents were filed in the 1990s.
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