Densify Successfully Defends Patent Rights Against VMware

Jury Trial in the Federal District of Delaware Finds VMware Committed Willful Patent Infringement & Awards $237 Million in Damages

Toronto – January 31, 2020 – Densify, a provider of advanced virtual and cloud resource management and control software, has successfully defended its rights to key intellectual property underpinning its optimization technology. After a 9-day trial in Delaware federal court, an 8-person jury found VMware infringed two of Densify’s key patents. Based on detailed evidence presented at trial, the jury also found that VMware’s infringement was willful.

The specific products found by the jury to be infringing include Distributed Resource Scheduler (DRS), vRealize Operations Manager (vROps), VMware on Amazon Cloud (VMC), and the upcoming DRS 2.0. Densify seeks an injunction barring VMware’s use of Densify’s patented technology in its recent and upcoming products.

The jury heard from professors, PhDs and noted experts in the area of virtualization. These witnesses explained the technologies in question, scrutinized internal communications within both companies, and performed detailed reviews of the specific products in question, including line-by-line analysis of source code. Based on this, the jury came to a unanimous conclusion that the patents were willfully infringed by VMware. The jury also found that the Densify patents pre-dated features, concepts and patents by VMware or other vendors.

“We are pleased that we can now go back to focusing on our core business”, said Gerry Smith, CEO of Densify. “Densify is in the business of developing analytics software that drives significant value for our customers, not suing other vendors. Our technology has the unique ability to factor in multiple constraints when optimizing workload placement, including business, security, compliance and software licensing policies. The court’s decision confirms our right to be the sole provider of our innovation and its functionality.”

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