Bloomberg Law
April 4, 2022, 10:09 PM

IBM Failed to Get Turbonomic’s Rights in Densify Pact Via Merger

Christopher Yasiejko
Christopher Yasiejko

IBM Corp.’s acquisition last year of Turbonomic Inc. didn’t effectuate an assignment to IBM of the Boston-based company’s rights under a settlement agreement in patent-related cross-litigation with Densify, a Delaware Chancery Court judge ruled.

IBM acquired Turbonomic, a provider of software for managing application resources and network performance, for $1.83 billion in a deal that closed last June, according to IBM’s annual earnings report.

The Chancery Court dispute is rooted in competing patent-infringement cases between the parties that began in April 2020, when Densify, a maker of cloud computing software officially named Cirba Inc., filed suit against Turbonomic ...

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