

A week after winning $14 million in damages as part of its long-running patent dispute with Pure Storage Inc., EMC Corp. is back for round two. The array maker is asking the Delaware court handling the case that the fine be increased to account for several previously undisclosed instances where its rival allegedly violated its intellectual property.
EMC claims that the company profited off the technology in question, a data optimization method patented by one of its divisions nearly a decade ago, both before and after the roughly three-year period that was addressed by last week’s ruling. Its new complaint also states that the software was incorporated into the much-touted FlashArray//m systems Pure Storage started shipping in the third quarter of 2015. The firm’s chief executive is on record saying that the series made a significant contribution to its bottom line, a fact that that the court will no doubt take into account when deciding how much more compensation should be paid out.
Coupled with the legal fees that EMC is looking to offload onto Pure Storage, the claim could potentially bring the cost of the dispute much closer to the $82 million that its lawyers were initially aiming for. The company found itself with a measly $14 million prize after the Delaware court decided two of the three patents mentioned by the original lawsuit ago weren’t in fact violated by its rival. However, the ruling is still enough to file an injunction that would prevent the flash appliance vendor from shipping additional systems with the the infringed deduplication technology.
In anticipation of such a move, Pure Storage has developed several alternative options that general Joe FitzGerald said last week are “ready to go” at any moment. But while the company may no longer have to worry about the prospect of getting locked out of the market, FitzGerald and his team still have their work cut out for them.
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