The complaint alleges that New Relic, founded by Lew Cirne, a former CA Technologies employee, infringes three important CA Technologies Application Performance Management (APM) patents.
In 2006, CA Technologies acquired Wily Technology, an APM technology company founded and operated by Cirne, for $375 million. As part of the Wily acquisition, CA Technologies took ownership of key APM patents, including the three described in the complaint. Cirne is listed as a co-inventor in two of the three patents. Following the Wily acquisition, he served as a CA Technologies employee until 2007. He founded New Relic in 2008.
“CA Technologies will not allow its patents to be infringed, especially by those who have already profited by selling to us the very patents in question,” said Richard Donoghue, Chief Counsel for Litigation, CA Technologies. “We will vigorously take all steps necessary to ensure that our intellectual property is protected.”