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Intellectual Property Law

: Womble Trade Secrets Blog

Takes One to Know One? 2FA Creates Trade Secrets Press Release During Oracle-SAP Trade Secrets Litigation

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We've copied the 2FA press release and you can read it if you click on the title to this blog post. You're all aware of the Oracle-SAP spat being litigated currently. Well, a company called 2FA decided that they'd use an opportunity to reach out to Mr. Ellison and Oracle via a press release as follows:

Mr. Ellison?s testimony this week in Oracle?s suit against SAP really struck home for executives at 2FA Technology, a Texas-based software company. 2FA has been embroiled in a legal battle for the past two years with Passlogix, a wholly owned, and recently purchased, Oracle subsidiary.

The lawsuit (1:2008cv10986), pending in the United States District Court for the Southern District of New York since December 18, 2008, bears a striking resemblance to Oracle?s litigation against SAP. Oracle?s contention is that SAP?s now defunct, wholly owned subsidiary, TomorrowNow, engaged in illegal activities relating to the misappropriation of Oracle software; the only difference being that the shoe is now on the other foot . . . .

Mr. Ellison testified under oath on November 8, 2010, ?I think taking our intellectual property is a two edged sword,? he said. ?For [SAP] it means they have access to all our engineering output?? Mr. Ellison added, ?The other side of that sword is running an irrational risk by taking our software. That?s a risk I certainly would never, ever undertake.?

?Although Oracle?s market value increased more than $1 billion the day Oracle announced the
acquisition, I can only assume Mr. Ellison is completely unaware that Oracle acquired Passlogix,? said Mr. Greg Salyards, 2FA?s President & CEO. Mr. Salyards added, ?We have the utmost respect for Mr. Ellison and Oracle. Once aware of this oversight, we are confident that Mr. Ellison and Oracle will do what they know is right.?

Opportunistic settlement overture? Sure. But you have to hand it to the 2FA folks - they're reading the news.

Full post as published by Womble Trade Secrets Blog on November 12, 2010 (boomark / email).