ARTICLE SYNOPSIS
VERITAS Operating Corporation (formerly Veritas Software Corp) filed a civil lawsuit against Microsoft on May 18, 2006 alleging Trade Secret Misappropriation, Breach of Contract, Unfair Competition, Unjust Enrichment and Constructive Trust Conversion, Copyright Infringement and Patent Infringement. The suit, was filed in U.S. District Court for the Western District of Washington, relates to a contract between Microsoft and Veritas in 1996, which merged into Symantec Corporation last year. The U.S. District Court for the Western District of Washington has jurisdiction over the federal claims for patent and copyright infringements which are federal claims because they arise under the patent and copyright laws of the United States. This court has jurisdiction over the claims made under Washington law (trade secret, misappropriation, breach of contract, unfair competition, and unjust enrichment and constructive trust). Since the state claims are related to the federal claims they form part of the same case.
Symantec alleges that for almost 10 years, Microsoft has misappropriated Symantec's valuable data storage technologies so they are bringing this action to stop Microsoft from its continued misappropriation of Symantec's confidential information and trade secrets, including its wrongful incorporation of Symantec's intellectual property into its operating systems. Symantec has also filed injunctions against Microsoft to stop any current development or sale of the newest operating system known as Windows Vista and the server platform know as Windows Longhorn.
Symantec also brings this action to require Microsoft to perform its obligations under an agreement entitled "Microsoft Corporation Development and License Agreement with Veritas Soft ...