Sun Countersues Azul Systems

By Ed Oswald | Published May 4, 2006, 11:30 AM

Sun shot back at Azul Systems Wednesday, filing a countersuit against the hardware maker in U.S. District Court in San Jose, Calif. In the suit, the computer maker alleged that Azul infringed on six patents and violated trade secrets.

Azul filed for declaratory relief in mid-March, crying foul over what it called "exorbitant" fees and royalties, as well as Sun demanding part ownership in the company. The company alleged that Sun was threatening Azul with legal action for non-compliance.

Sun claims that Azul developed its products on technologies other than its own. "By hiring away key former Sun employees, Azul improperly accessed Sun's technology and plans, which enabled Azul to accelerate introduction of its products to market," the filing reads.

In a statement sent to BetaNews, Azul's lawyer Bob Haslam said Sun's actions were not surprising. He said the company had attempted to negotiate with Sun, however its "belligerent requests" had got the two sides nowhere. He also noted that Sun's original list of allegations was much longer than the suit filed in court Wednesday.

"This leads us to believe that we were right in seeking declaratory relief and we are confident we will prevail," he said. "This suit is not about Azul technology; this suit is about Sun and its predatory attempt to thwart Azul's innovative solution from penetrating the market."

The two companies have close ties. Azul's president and CEO Stephen DeWitt founded Cobalt Networks, which Sun acquired in 2000. Azul's chief marketing officer is Shahin Khan, who formerly was an executive with Sun. The two sides also offer competing applications that act as a central repository to run Java applications.

Sun accuses DeWitt and Khan of using their knowledge of Sun to hire away key employees, who are allegedly working on the identical technology at Azul.

View comments by with a score of at least

Microsoft's Ray Ozzie: 'Nobody's going to be 100% open'

The mobile apps ecosystems of the world may converge over time, led by apps being ported over across platforms, according to the Chief Software Architect.

Will Firefox beat IE9 to Direct2D rendering?

Just days after Microsoft executives gave conference attendees a peek at a new rendering technology, a Mozilla contributor revealed he's working on the same thing.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

The fallacy of Facebook privacy

Carmi Levy | Wide Angle Zoom: If an insurance company learns something interesting about its client through the Internet, is that snooping?

Microsoft 'worked with Apple' for Silverlight on iPhone, says Goldfarb

By not making such a big deal out of trying to stream video to the iPhone, Microsoft got a big deal out of it, revealed the Silverlight product manager.

Clicker.com cuts through the Web video chaos

In a world where homemade video and Hollywood movies travel the same pipeline, it's good to have a real search engine to cut through the clutter.

A case study in improving software: What Office 2010 can learn from Notion 3

A music composition product gambles with a complete overhaul, in an effort to make headway against two well-known competitors in a tough market.

Kindle 2 update adds battery life, native PDF reader

Amazon has pushed out an update to the Kindle 2 e-reader that lengthens battery life and adds a native PDF viewer.

Safari on iPhone gets competition from a $1 browser app

Apple likes to say it gives iPhone users a full browsing experience, but a new competitor tries to incorporate more desktop browser features.

Action Replay maker sues Microsoft for Xbox 360 'predatory technological barriers'

Third-party video game accessory maker Datel has filed an antitrust lawsuit against Microsoft over the Xbox 360's recent Dashboard update.