Menu
CA Technologies sues AppDynamics for patent pilfering

CA Technologies sues AppDynamics for patent pilfering

AppDynamics' founder led software development at an APM company later acquired by CA Technologies

CA Technologies is suing a rival in the Application Performance Management (APM) market, accusing AppDynamics of using three of CA's patented technologies. The founder and CEO of AppDynamics helped lead software development at an APM company later acquired by CA.

Use of the technologies is "willful and deliberate patent infringement," charged Richard Donoghue, chief counsel for litigation for CA, in a statement. "We will take all steps necessary to ensure that our intellectual property is protected."

The patent infringement lawsuit, filed in the U.S. in the Eastern District Court of New York, seeks undisclosed damages for lost profits and legal costs, as well as an injunction against further use of the CA's patented intellectual property (IP).

CA obtained the three patents from Wily Technology, which CA purchased in 2006 for US$375 million. AppDynamics' founder, Jyoti Bansal, worked at Wily and, after the acquisition, CA itself. According to the CA complaint, Bansal, then a senior software engineer at Wily, was the original assignee of one patent, and he influenced the design decisions for the other two.

AppDynamics offers a self-titled APM package as both on-premises software and as hosted software-as-a-service (SaaS). Like other APM offerings, AppDynamics monitors enterprise application performance and generates information for troubleshooting. CA's own APM suite, CA Application Performance Management, includes one component -- Wily's Introscope -- from the Wily acquisition.

All three patents cover techniques of instrumenting systems for performance monitoring. Both U.S. Patent 7,225,361 and U.S. Patent 7,797,580 detail methods determining that a system has stalled. And U.S. Patent 7,512,935 describes a method of adding more functionality to an exit routine.

AppDynamics declined to respond to a request for an interview, though a spokeswoman emailed a statement that read, in part: "AppDynamics has received no official paperwork or details regarding the alleged lawsuit so we're unable to comment on it. We do strongly believe AppDynamics does not infringe upon any protected IP."

This is not the first time CA has had to stem potential patent infringements of Wily technology involving former employees of that company. Last November, the company charged that APM provider New Relic inappropriately used the same three APM patents. New Relic was founded by Lew Cirne, who was a senior Wily executive and was listed as a co-inventor in two of the three patents. Like Bansal, Cirne worked at CA, briefly, after the Wily acquisition. That case is ongoing.

Joab Jackson covers enterprise software and general technology breaking news for The IDG News Service. Follow Joab on Twitter at @Joab_Jackson. Joab's e-mail address is Joab_Jackson@idg.com


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags legalintellectual propertypatentCA TechnologiesCivil lawsuitsAppDynamics

Featured

Slideshows

Ingram Micro maintains Showcase 2018 momentum in Wellington

Ingram Micro maintains Showcase 2018 momentum in Wellington

Ingram Micro maintained Showcase 2018 momentum in Wellington, hosting more than 40 vendors at TSB Arena. Under the banner of Leading the Way, the event demonstrated what’s new, what’s next and how it can be used to improve business and everyday life.

Ingram Micro maintains Showcase 2018 momentum in Wellington
Ingram Micro launches Showcase 2018 in Christchurch

Ingram Micro launches Showcase 2018 in Christchurch

Ingram Micro kickstarted Showcase 2018 in Christchurch, hosting more than 40 vendors at Horncastle Arena. Under the banner of Leading the Way, the event demonstrated what’s new, what’s next and how it can be used to improve business and everyday life.

Ingram Micro launches Showcase 2018 in Christchurch
Data breach notification laws in NZ: How can partners prepare?

Data breach notification laws in NZ: How can partners prepare?

This exclusive Reseller News Roundtable outlined the responsibilities facing security partners today, assessing risk while evaluating the role of the vendor in providing added layers of protection.

Data breach notification laws in NZ: How can partners prepare?
Show Comments