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ARTICLE · 07 JULY 2014

Think Twice Before Abandoning Patent Infringement Claims

If you file a complaint for patent infringement, and the defendant brings declaratory judgment non-infringement counterclaims, you better not abandon any of your claims.

United StatesIntellectual Property

Radware, Ltd., v. A10 Networks, Inc., Case No. C-13-02021, Radware, Ltd., v. F5 Networks, Inc., Case No. C-13-02024 RMW (related cases)

If you file a complaint for patent infringement, and the defendant brings declaratory judgment non-infringement counterclaims, you better not abandon any of your claims, or else risk summary judgment of non-infringement. That's exactly what happened to Radware, Ltd and Radware, Inc. ("Radware") recently in Radware, Ltd. v. A10 Networks, Inc.

The case involved three related patents for a device or system for the "management of networks that have multiple connections to the Internet through multiple Internet Services Providers." The technology is a method and device or system for choosing the quickest route from the user's computer to other computers when there are multiple Internet routes available. The defendants, A10 Networks, Inc. and F5 Networks, Inc. ("defendants") sought summary judgment of both invalidity of

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