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July 28, 2014

Acceleron Asserts its '021 Patent Against Dell, Inc.

Acceleron, LLC has filed another lawsuit asserting U.S. Patent 6,948,021 (“the ‘021 Patent”), now against defendant Dell, Inc., the second lawsuit filed on the ‘021 Patent in roughly the last 3 months.

As previously mentioned in a September 5 post, Acceleron had sued Hitachi Data Systems Corporation in late August 2012 for infringement of the ‘021 Patent.

On November 28, Acceleron filed a complaint in the Northern District of Georgia against Dell for infringement of the ‘021 patent, which is entitled “Cluster Component Network Alliance System and Method for Enhancing Fault Tolerance and Hot-Swapping.”   Acceleron identifies Dell’s
PowerEdge[]  M1000e Blade Enclosure, associated models, and [certain specified] server blades” as the accused products.  

Acceleron believes the infringement to be willful, and pursuant to 35 U.S.C. § 284 seeks increased damages as well as injunctive relief and the costs of the action.

The case is Acceleron, LLC v. Dell, Inc., No. 1:12-cv-4123-TCB, filed 11/28/12 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, assigned to U.S. District Judge Timothy C. Batten, Sr.

Note:  The assistance of Womble Carlyle paralegal Nick Vaughan in the preparation of the foregoing summary is gratefully acknowledged.

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