IT Company Can’t Shake Past Damages Claims in Infringement Suit

Hewlett Packard Enterprise Co. was denied its attempt to dismiss software company VirtaMove’s claims for past damages in its copyright infringement suit.

VirtaMove’s suit alleging Hewlett infringed on its patents can move forward, Judge J. Rodney Gilstrap of the US District Court for the Eastern District of Texas said in a Thursday opinion mostly denying Hewlett’s motion to dismiss.

Hewlett argued VirtaMove’s claims for past damages over the company’s alleged patent infringement should be dismissed. VirtaMove uses alternative theories to support its claims for past damages: the first theory being that Hewlett’s infringement was willful, and the other that its ...