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Posted On: 11/14/2018 7:45:49 PM
Post# of 82676
excerpt from the Duo case worth looking at again now that Cisco has bought Duo;
STRIKEFORCE TECHNOLOGIES, INC. v. DUO SECURITY INCORPORATED
New Jersey District Court
Case 2:16-cv-03571-JMV-MF Document 71 Filed 06/05/17
https://ecf.njd.uscourts.gov/doc1/119112009909
John Michael Vazquez, presiding
Mark Falk, referral
pg 10-11 of the pdf
"Incredibly, defendants tell this Court that StrikeForce does not compete with defendants for sales. Brief at 9. The opposite is true; StrikeForce competed head-to-head with Duo several times and lost. Waller Decl. at ¶ 21. For example, StrikeForce and Duo were both competing for sales to the Bechtel company. Id. StrikeForce was attempting to sell its ProtectID® product and Duo was attempting to sell its infringing product. Id. at ¶¶ 20-22. That customer chose Duo’s product over StrikeForce’s. Id. at ¶ 21. Were it not for Duo’s infringing product, StrikeForce very likely would have made that sale since, at the time, only Duo and StrikeForce were being considered. Id.3 StrikeForce later learned that, during the negotiations, Duo cautioned Bechtel to check StrikeForce’s financials before purchasing StrikeForce’s product, and that StrikeForce was essentially out of money. Id. at ¶ 22.
In other words, not only is defendant Duo willfully infringing the ’698 patent, but it uses its strong financial position—a position gained through its infringement—against StrikeForce to undermine StrikeForce’s sales opportunities.
footnote 3
In addition to Bechtel, StrikeForce and Duo directly competed against one another for business from Toyota, Ebay, Google, Intel, among others. Waller Decl. at ¶ 20. Each of those customers chose Duo’s infringing product over StrikeForce’s. Id. at ¶ 22. "
STRIKEFORCE TECHNOLOGIES, INC. v. DUO SECURITY INCORPORATED
New Jersey District Court
Case 2:16-cv-03571-JMV-MF Document 71 Filed 06/05/17
https://ecf.njd.uscourts.gov/doc1/119112009909
John Michael Vazquez, presiding
Mark Falk, referral
pg 10-11 of the pdf
"Incredibly, defendants tell this Court that StrikeForce does not compete with defendants for sales. Brief at 9. The opposite is true; StrikeForce competed head-to-head with Duo several times and lost. Waller Decl. at ¶ 21. For example, StrikeForce and Duo were both competing for sales to the Bechtel company. Id. StrikeForce was attempting to sell its ProtectID® product and Duo was attempting to sell its infringing product. Id. at ¶¶ 20-22. That customer chose Duo’s product over StrikeForce’s. Id. at ¶ 21. Were it not for Duo’s infringing product, StrikeForce very likely would have made that sale since, at the time, only Duo and StrikeForce were being considered. Id.3 StrikeForce later learned that, during the negotiations, Duo cautioned Bechtel to check StrikeForce’s financials before purchasing StrikeForce’s product, and that StrikeForce was essentially out of money. Id. at ¶ 22.
In other words, not only is defendant Duo willfully infringing the ’698 patent, but it uses its strong financial position—a position gained through its infringement—against StrikeForce to undermine StrikeForce’s sales opportunities.
footnote 3
In addition to Bechtel, StrikeForce and Duo directly competed against one another for business from Toyota, Ebay, Google, Intel, among others. Waller Decl. at ¶ 20. Each of those customers chose Duo’s infringing product over StrikeForce’s. Id. at ¶ 22. "
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