Data Scape Sues Barracuda Networks in the Eastern District of California

February 8, 2019

Data Scape Limited appears to be unrolling its sole litigation campaign, begun in late 2017 in Germany, by US district. This past week the NPE, formed in Ireland, sued Barracuda Networks (1:19-cv-00100) in the Eastern District of California, after prior waves of litigation hit defendants in the Central District of California (Apple, Citrix, Pandora, Spotify, and Western Digital); the Eastern District of Texas (Dell, Fujitsu, and SAP); the District of Colorado (Amazon, F5 Networks); and then the Western District of Texas (Box, Dropbox). Data Scape received the patents-in-campaign through a March 2017 assignment from Sony in a transaction involving over 20 issued US patents, together with various foreign assets. The NPE’s infringement allegations focus on products and services that sync documents and data (e.g., music files) across servers and client devices, targeting in its most recent complaint Barracuda’s provision of enterprise network backup products, including certain models of the “Barracuda Backup Physical Appliance…, Barracuda Backup Virtual Appliances, [and] Barracuda Cloud”.

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