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Phoenix Technologies Ltd. v. VMware, Inc.

  1. February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  2. November 09, 2017

    VMware Seeks $11M Atty Fees For Beating Phoenix IP Suit

    VMware Inc. urged a California federal judge Thursday to award it $11.2 million in attorneys' fees and litigation costs after a jury cleared it of Phoenix Technologies Ltd.'s claims it infringed Phoenix's software copyright and breached their licensing agreement, arguing that the case was "ill founded from the outset."

  3. June 12, 2017

    VMware Beats Phoenix's $110M Software IP Suit At Trial

    A California federal jury on Monday cleared VMware Inc. of all claims it infringed Phoenix Technologies Ltd.'s software copyright and breached their licensing agreement, taking just four hours to end Phoenix's $110 million suit following a nearly two-week trial.

  4. June 09, 2017

    VMware Expert Says Phoenix IP Suit Worth $6M, Not $110M

    VMware's damages expert testified Friday that the company would only owe $6.4 million if a California federal jury found it had infringed Phoenix Technologies' software copyright, saying the $110 million that Phoenix's economist had calculated was based on speculation, while she was focusing on "what happened in the real world."

  5. June 07, 2017

    Despite 'Distasteful' Tactics, VMware's Video Depo Gets OK

    A California federal judge on Wednesday allowed a VMware witness to testify via videotaped deposition in Phoenix Technologies' $110 million copyright infringement trial, but said he was "not enthusiastic about ratifying [VMware]s plainly intentional tactical decision" to let the witness return home instead of testifying live, agreeing with Phoenix the development was "distasteful."

  6. June 06, 2017

    VMWare 'Hack' Plan Just 'Engineering Lingo,' Jury Hears

    A VMWare lead software engineer took the stand in a California federal courtroom Tuesday to kick off the company's defense of Phoenix Technology's $110 million patent infringement suit, saying another employee was using "engineering lingo," not plotting wrongdoing, when he emailed about plans to "hack" Phoenix's source code.

  7. June 05, 2017

    Phoenix's $110M IP Claim Spurs Mock Negotiation At Trial

    An economist told a California federal jury Monday that Phoenix Technologies is entitled to $51.2 million of VMware's profits and would have made $59.1 million in royalties had its licensing agreement included the unsanctioned ways its intellectual property was used, prompting VMware's attorney to engage in a mock contract negotiation with the expert.

  8. June 02, 2017

    VMware Hacked Software After Turning Down Deal, Jury Told

    Phoenix Technologies called an expert witness Friday in a California federal trial to testify he'd conducted a forensic analysis indicating that after VMware declined to license a new version of Phoenix's software, it hacked an older version to support a much larger system than its licensing agreement allowed.

  9. June 01, 2017

    Phoenix Engineer Stumbled Onto VMware IP Breach, Jury Told

    Phoenix Technologies' lead engineer told a California federal jury Thursday how he accidentally discovered VMware's alleged breach of its software licensing agreement while working on an unrelated project, and fended off accusations by VMware that Phoenix already knew of how VMware was using the technology.

  10. May 31, 2017

    VMware's IP Hack Threatened Phoenix's Business, Jury Told

    Phoenix Technologies' CEO told a California federal jury Wednesday the company's business model relies on clients buying new versions of its basic input/output system, and denied allegations Phoenix's $110 million suit against VMware over its hacking of the BIOS was a mercenary attempt to save a mismanaged company.

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