AppDynamics CEO and founder Jyoti Bansal revealed today that he is confident the patent dispute with rival CA Technologies will go in his company’s favour.
AppDynamics, an application performance monitoring (APM) firm founded in 2008, was sued by CA last April when the Fortune 500 software giant accused the start-up of using three of its patented technologies.
But speaking at the company’s headquarters in San Francisco, Bansal said: "We have a very strong case and we don’t think we infringed anything.
“It’s unfortunate that CA is using lawsuits and lawyers to try to compete instead of innovation.
The trial is scheduled to take place just over a year from now.
“Lawsuits like these take a very long time," added Bansal. "We are still in the early stage of the discovery stage.”
The three patents in dispute were obtained by CA when it acquired Wily Technology in 2006 for $375 million (£220 million).
Prioer to the acquisition, Bansal was a senior software engineer at Wily, where he helped lead software development.
According to the CA complaint, Bansal was the original assignee of one patent, and he influenced the design decisions for the other two.
Bansal also worked at CA itself after the acquisition.
Like other APM offerings, AppDynamics monitors enterprise application performance and generates information for troubleshooting. CA's own APM suite, CA Application Performance Management, includes one component - Wily's Introscope - from the Wily acquisition.
All three patents cover techniques of instrumenting systems for performance monitoring. Both U.S. Patent 7,225,361 and U.S. Patent 7,797,580 detail methods determining that a system has stalled. And U.S. Patent 7,512,935 describes a method of adding more functionality to an exit routine.
This is not the first time CA has had to fight off potential patent infringements of Wily technology involving former employees.
In November 2012, the company alleged that APM provider New Relic inappropriately used the same three APM patents.
New Relic was founded by Lew Cirne, who was a senior Wily executive and was listed as a co-inventor in two of the three patents. Like Bansal, Cirne worked at CA after the Wily acquisition. The case is ongoing.
Update: A CA Technologies spokesperson said: “It’s unfortunate that AppDynamics is using code written by CA employees rather than do their own innovating. CA is investing heavily in differentiated solutions and innovations, and we are unwilling to allow others such as AppDynamics to use our code or infringe our patents. We look forward to an explanation as to why Mr. Bansal, a lead architect for Wily Technology, which we purchased by CA in 2006 is now selling a product that clearly infringes the patents purchased in that acquisition.”
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