Press Release Touting Design-Arounds Hinders Request for Sunset Provision

The court denied defendants' alternative motion to modify a permanent injunction to include a four-week sunset provision. "[Defendants'] executives have indicated to the press that the design-arounds to the infringing features are already in place and the injunction will not disrupt [their] shipment of product. . . . In light of the time that has already passed from the issuance of the injunction and [defendants'] public representations that it had already completed design-arounds, the court also denies [defendants'] request for a four-week sunset provision."

Brocade Communications Systems, Inc., et. al. v. A10 Networks, Inc., et. al., 5-10-cv-03428 (CAND February 12, 2013, Order) (Grewal, M.J.).