Barracuda Networks has a fight on its hands, and it's looking to open source users for help.
The network security software company filed a declaratory judgment action against competitor Trend Micro. According to LinuxWorld, Trend Micro has asserted that Barracuda's technology, which contains the open source ClamAV, violates U.S. Patent No. 5,623,600. Barracuda wants a U.S. district court to declare the patent invalid.
In the meantime, the story says, Trend Micro brought an action against Barracuda before the U.S. International Trade Commission. Until the ITC decides the case, Barracuda's U.S. district court action for a declaratory judgment is stayed.
"There's a ton of prior art," Barracuda CEO Dean Drako told LinuxWorld -- much of which the company has already identified. But since the ITC action is still in the discovery phase, there is time to compile even more. To that end, Drako and Barracuda are asking the open source community for research help, the story says:
Here is what Barracuda is looking for. From the company:
U.S. Patent No. 5,623,600 is entitled "Virus Detection And Removal Apparatus For Computer Networks." It was filed on September 26, 1995, and we are interested in art dating prior to the filing date. In particular, art that shows antivirus scanning on a firewall or gateway is of interest. However, many of the claims do not require virus detection at a gateway, so art showing virus scanning on a file server is also of interest.
The company has set up a new Web site to document the case and collect prior art, according to the press release.