OpenText Seeking Infringement Damages from Box, Inc. Exceeding USD $268 million Also seeking injunctions halting sales of infringing Box Products and treble damages due to Box's Willful Infringement
WATERLOO, Ontario, March 31, 2014 /PRNewswire/ -- OpenText (NASDAQ: OTEX; TSX: OTC) advised Box, Inc. on Sunday, March 30, 2014 that while OpenText seeks preliminary and permanent injunctions halting the sale of Box's products, it otherwise seeks damages exceeding USD $268 million in the patent infringement lawsuit against Box. OpenText also seeks interest, damages for willful infringement, and attorney fees. This information was delivered to Box in response to Box's March 26, 2014 demand that OpenText provide the amount of its damages claimed in response to Box's discovery request.
Box infringes 200 claims across 12 patents
On June 5, 2013, OpenText filed a patent infringement suit against Box, now pending in the United States District Court for the Northern District of California, Case No. 5:13-cv-4910-EJD, asserting that Box infringes 200 claims across 12 patents in 3 different patent families. The asserted patents cover the core functionality of Box's products, including additional functionality attractive to large company customers. The complaint seeks preliminary and permanent injunctions as to Box products, as well as past and future damages. The Court heard argument on OpenText's preliminary injunction motion on January 24, 2014, and the parties are waiting for a ruling. In Box's Opposition to the Motion for Preliminary Injunction, Box offered no defense to infringement of OpenText's patents. A case management conference is scheduled to occur on April 10, 2014.
OpenText is the largest independent software provider of Enterprise Information Management (EIM). For more information please visit www.opentext.com.
Cautionary Statement Regarding Forward Looking Statements
Certain statements in this press release may contain words considered forward-looking statements or information under applicable securities laws. These statements are based on OpenText's current knowledge, expectations, estimates, forecasts and projections regarding the lawsuit against Box, Inc. These statements are subject to important assumptions, risks and uncertainties that are difficult to predict, such as: (i) the inherent uncertainty and risk of litigation and trial; (ii) the availability and sufficiency of sources of proof; (iii) the amount and availability of damages; (iv) the availability of equitable remedies, (v) any changes in existing law; and (vi) any appellate proceedings, as a result the actual outcome of the lawsuit against Box, Inc. may be materially different. OpenText's assumptions, although considered reasonable by the company at the date of this press release, may prove to be inaccurate and consequently its actual results of the lawsuit against Box, Inc. could differ materially from the expectations set out herein. For additional information with respect to risks and other factors which could occur, see OpenText's Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other securities filings with the SEC and other securities regulators. Unless otherwise required by applicable securities laws, OpenText disclaims any intention or obligations to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
For more information, please contact:
Vice President, Investor Relations
Open Text Corporation
San Francisco: 415-963-0825
Senior Manager, Investor Relations
Open Text Corporation
Waterloo: 519-888-7111 ext. 2446
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