VMware’s Perspective on Recent Good Litigation

By Dawn Smith, Senior Vice President, General Counsel, Chief Compliance Officer and Secretary

Last week, Good Technology issued a news release relating to reputed developments in an infringement lawsuit it filed against AirWatch in Germany last December. In this release, Good Technology suggests AirWatch’s products have been found to infringe Good Technology’s patents and that an injunction would soon be issued against AirWatch.  Nothing could be further from the truth. This lawsuit is only in the very early stages. There have been no substantive rulings in the case, and there has not been a finding that AirWatch’s products infringe any Good Technology patent. Our AirWatch business is experiencing rapid growth and remains fully open for business in Germany, across Europe, and around the world.

In this German lawsuit, Good Technology also brought claims against one of AirWatch’s numerous German resellers in an effort to obtain a procedural advantage in the dispute. But there was no substantive basis for including this reseller, Envision, because it has not had any sales for AirWatch. To avoid the burdens associated with such frivolous litigation, Envision used a procedural tool in the German court to extract itself from the lawsuit without requiring any merits rulings from the German court.

VMware and AirWatch believe Good Technology’s infringement claims lack merit. We also believe Good Technology’s patents are invalid, and AirWatch will be filing nullity actions in Germany to invalidate those patents.

Unfortunately, last week’s activities and news release are the latest in Good Technology’s ongoing effort to stifle competition in the marketplace. Two-and-a-half years ago, Good Technology initiated this dispute by filing a patent infringement lawsuit against AirWatch in California, and then filed additional actions in other jurisdictions. None of these legal actions has yet reached a merits determination stage.

VMware’s position is that litigation rarely serves the best interests of customers and can distract a company from focusing on what is important: pursuing innovation and bringing products to market. However, in this instance, VMware has found it necessary to defend itself and AirWatch by filing infringement and invalidity actions against Good Technology.

We believe it is in the best interests of our customers and partners if both VMware and Good Technology focus on competing in the marketplace rather than spending time and resources on litigation. VMware is committed to innovating on behalf of its customers and partners, and we encourage Good Technology to compete with us based on the merits of their offerings.