Download the Tom's Hardware App from the App Store
The reference for current tech news
Yes No
Ads

Seagate Accused of Stealing HDD Tech

by - source: Tom's Hardware US

The New York Times reports that a former employee of Seagate Technology is accusing the company of stealing hard drive technology from Convolve, and incorporating the stolen tech into its own products. The court documents (pdf), recently filed with a federal court in Manhattan, detail the former employee's "eyewitness account," and even claims that Seagate intentionally destroyed evidence related to its 10-year lawsuit with Convolve.

The original lawsuit stems back to 2000, with Convolve and the Massachusetts Institute of Technology suing Seagate and Compaq Computer. The former parties accused the latter of patent infringement in regards to technology that reduces noise and vibration of hard drives. Convolve and MIT sought $800 million in damages, however the legal battle still continues to this day.

According to court and regulatory filings, representatives from Seagate and Convolve met during 1998 and 1999 to discuss what Convolve had discovered. Seagate, in turn, signed an NDA, promising that the knowledge gained would not be used in future products. But in 2000, Convolve found itself suing Seagate over the "sound barrier" technology implemented in Seagate drives. Convolve said that the technology relied on its "reduction innovations" as revealed in the NDA meetings.

Now the former Seagate employee, a Seagate engineer up until July 2009, has stepped forward with claims of foul play. He contacted Convolve's lawyers shortly after leaving. “I was deceived by my management’s failure to tell me that the Convolve technology discussed within Seagate was NDA protected,” Mr. Galloway said in a section of the affidavit reproduced by Ms. Steinberg. "If I had known about Convolve’s NDA with Seagate, I would not have worked on competing technology."

Game over for Seagate, game over.

Share:
47
Comments
X
Submit

Comments
Add your comment
trevorvdw 12/30/2009 2:19 AM
Hide
-20+

Hmmm bitter ex employee anyone?

bdcrlsn 12/30/2009 2:24 AM
Hide
-20+

Ironic that the idea of the engineer being a disgruntled employee never seemed to come up...

hakesterman 12/30/2009 2:32 AM
Hide
-11+

Paybacks are a bitch...............

saint19 12/30/2009 2:39 AM
Hide
-14+

Maybe yes, maybe not, but everyone big company have his secret.

xxsk8er101xx 12/30/2009 3:14 AM
Hide
-9+

trevorvdw :
Hmmm bitter ex employee anyone?


it says he left the company. Can't be bitter if you leave. Some times it's best to come forward than to be involved and get sued or thrown in jail.

brendano257 12/30/2009 3:17 AM
Hide
-8+

Blah, got two WD Green's. Couldn't be more happy. Too bad greed is so prevalent in modern business. There's not any sort of passion for a greater good/technological advances, only profits and $ signs. It's just too bad.

rdawise 12/30/2009 3:24 AM
Hide
-16+

Extremely easy for Seagate's lawyers to paint the ex-employee as "disgruntled". Let's hope he was never heard saying "I hate this place" or "You'll be sorry".

majora28 12/30/2009 4:47 AM
Hide
--3+

so whats why their harddrives sucks

betrayer_ 12/30/2009 6:03 AM
Hide
-8+

dont think its game over for seagate

cjl 12/30/2009 6:27 AM
Show
OvrClkr 12/30/2009 8:08 AM
Show
techguy378 12/30/2009 8:20 AM
Hide
-3+

Patent trolls like Convolve, NTP, Rambus, i4i, TiVo and others need to stop harassing companies with frivolous lawsuits. I can't believe the courts sided with the latter three companies even though RIM, memory makers, Microsoft and cable/satellite companies didn't duplicate the technology they were being sued over. They created totally different technologies that did the same thing which is completely legal.

techguy378 12/30/2009 8:20 AM
Show
huron 12/30/2009 1:33 PM
Hide
-11+

Having a close family relative that has numerous patents, I can tell you that sometimes these big companies would rather knowingly infringe on a patent and claim ignorance as opposed to actually paying for it.

The timing is a little strange, but you never know...

Yuka 12/30/2009 2:00 PM
Hide
-0+

Does this mean HDDs are gonna go up in price? If so, I hope Seagate can reach an understandment/agreement with that company.

Cheers!

yang 12/30/2009 3:10 PM
Hide
--3+

OvrClkr :
Seagate didn't have a chance anyways, WD is on top of the competition when it comes to platter drives..all I can say is "LMFAO" to Seagate =)



are you serious? I for one never bought an overpriced WD hard drive when the alternatively cheaper and equally performing hard drive available from seagate. I'm sure many would agree with me

jcknouse 12/30/2009 3:36 PM
Hide
-3+

techguy378 :
Patent trolls like Convolve, NTP, Rambus, i4i, TiVo and others need to stop harassing companies with frivolous lawsuits. I can't believe the courts sided with the latter three companies even though RIM, memory makers, Microsoft and cable/satellite companies didn't duplicate the technology they were being sued over. They created totally different technologies that did the same thing which is completely legal.



I believe that if you check into it, you will actually find that the biggest patent, trademark, and copyright filer in the United States, as well as the company with the most infringement claims in United States court currently and for the past several years....is Microsoft.

Microsoft is the biggest, baddest patent troll of them all.

As for them creating "totally different technologies that did the same thing which is completely legal", that is near impossible to prove and substantiate when your representatives have met with, discussed, and overviewed the technology of another company's work and intellectual property.

Besides that, the courts now twice seem to agree that Microsoft "willfully infringed" on a patent. That means they knew of the existence of that patent, and used the technology without permission anyway.

The 800 lb gorilla is about to get thumped.

o0RaidR0o 12/30/2009 4:08 PM
Hide
-4+

Here's my question if Convolve and Seagate had a meeting, albeit with NDA firmly in place, and Seagate having gazed and used Convolve's technology to spring board there own is that an infringement? I mean if I came up with an idea based off of someone's else's work but went in a different direction, similar but different is it still an infringement?

There was a famous lawsuit in Detroit in 1990, a jury decided that Ford infringed on Kearns' patent, though it concluded the infringement was not deliberate. Ford had contended the patent was invalid because the windshield system contained no new concepts. But Kearns argued a new combination of parts made his invention unique.

I remember the rational he used about the combination of parts, he give several books to witness that tried to debunk the infringement claims as having no new concept, and asked the witness if the books he handed him were considered unique writings, and the witness said yes, he asked the witness to read certain words like, the, it, and, etc, and asked are these words considered new concepts, and the witness said no, and Kearns said but in there combination it makes the whole unique, which I thought was brilliant.

Could that be applied here?

sublifer 12/30/2009 4:10 PM
Hide
-5+

techguy378 :
Patent trolls like Convolve, NTP, Rambus, i4i, TiVo and others need to stop harassing companies with frivolous lawsuits.


Don't be a tool. Yes some of those companies may be guilty of patent trolling but don't assume every lawsuit involving patents is trolling. As mentioned in the article, Convolve approached Seagate, under NDA, with their technology, likely wanting their patent/technology bought, leased, or work as a partner, only to find Seagate later just took that technology and used it anyway.

huron 12/30/2009 5:44 PM
Hide
-4+

sublifer :
Don't be a tool. Yes some of those companies may be guilty of patent trolling but don't assume every lawsuit involving patents is trolling. As mentioned in the article, Convolve approached Seagate, under NDA, with their technology, likely wanting their patent/technology bought, leased, or work as a partner, only to find Seagate later just took that technology and used it anyway.



Excellent point. I don't know how so many people jump to conclusions without the details. I believe the situation you presented, about approaching Seagate with hopes of lease/purchase, sounds very plausible.

OvrClkr 12/30/2009 5:48 PM
Hide
-0+

Quote :are you serious? I for one never bought an overpriced WD hard drive when the alternatively cheaper and equally performing hard drive available from seagate. I'm sure many would agree with me


Well it seems like you have not been in the loop recently... Seagate was a top-notch brand a few years back. Since then they have skimped using inferior parts that in turn lead to disasterous sales. Since the caviar blacks came out they basically wiped there arse with seagate...Even Samsung spinpoints are more reliable and that says alot...

Paying 75 bucks for a 640Gb is not considered overpriced, specially when you get a 5 year warranty and performance that can match any raptor to this date...

jblack 12/30/2009 6:02 PM
Hide
-0+

xxsk8er101xx :
it says he left the company. Can't be bitter if you leave.



That is BS. I've left companies over working conditions and I WAS bitter after I left. He could be pissed because he got passed over for a promotion and this is his way of getting back at the company.

wildwell 12/30/2009 6:29 PM
Hide
-0+

jblack :
That is BS. I've left companies over working conditions and I WAS bitter after I left. He could be pissed because he got passed over for a promotion and this is his way of getting back at the company.


I agree, maybe he left BECAUSE he was bitter.

Athreex 12/30/2009 6:58 PM
Hide
-0+

Quote :There was a famous lawsuit in Detroit in 1990, a jury decided that Ford infringed on Kearns' patent, though it concluded the infringement was not deliberate. Ford had contended the patent was invalid because the windshield system contained no new concepts. But Kearns argued a new combination of parts made his invention unique.


Ah, Bob Kearns vs Ford case. Hey oORaidOo did you saw the Flash of Genius movie. Look for that movie, it is story of that case.

techguy378 12/30/2009 8:14 PM
Hide
-0+

sublifer :
Don't be a tool. Yes some of those companies may be guilty of patent trolling but don't assume every lawsuit involving patents is trolling. As mentioned in the article, Convolve approached Seagate, under NDA, with their technology, likely wanting their patent/technology bought, leased, or work as a partner, only to find Seagate later just took that technology and used it anyway.


While Convolve may have a patent on one method of making hard disks quieter, they don't have a broad patent on the idea of making hard disks that produce less noise. This is like saying Phoenix illegally stole IBM's technology when they created their own BIOS for clone PC's even though Phoenix's BIOS was completely different from IBM's.

twu 12/30/2009 8:23 PM
Hide
-0+

jcknouse :
I believe that if you check into it, you will actually find that the biggest patent, trademark, and copyright filer in the United States, as well as the company with the most infringement claims in United States court currently and for the past several years....is Microsoft.Microsoft is the biggest, baddest patent troll of them all.As for them creating "totally different technologies that did the same thing which is completely legal", that is near impossible to prove and substantiate when your representatives have met with, discussed, and overviewed the technology of another company's work and intellectual property.Besides that, the courts now twice seem to agree that Microsoft "willfully infringed" on a patent. That means they knew of the existence of that patent, and used the technology without permission anyway.The 800 lb gorilla is about to get thumped.



I agree.. He maybe forgot to read the fine print on the box. Seagate 5 Years vs WD 1 year warranty, some WD retail do offer 3yrs max. Price per GB + Warranty = Seagate is better.

HavoCnMe 12/30/2009 8:25 PM
Hide
--1+

Seagate reminds me of kmart for some reason.

HavoCnMe 12/30/2009 8:35 PM
Hide
-1+

From what i recall Seagate didn't start making good products til they bought Maxtor, which "was" my favorite HDD company.

tenor77 12/30/2009 8:43 PM
Hide
-0+

Seeing their failure rate, they stole the wrong tech

zipzoomflyhigh 12/30/2009 9:34 PM
Hide
--1+

Sounds like Intel and Seagate are run by the same dirtbags.

Shadow703793 12/30/2009 9:39 PM
Hide
-1+

yang :
are you serious? I for one never bought an overpriced WD hard drive when the alternatively cheaper and equally performing hard drive available from seagate. I'm sure many would agree with me


OvrClkr :
Seagate didn't have a chance anyways, WD is on top of the competition when it comes to platter drives..all I can say is "LMFAO" to Seagate =)


Ok seriously, stop being fanboys. There were some really good WD drives and some really bad (pricce vs performance & reliability) drives through out the ages. Same goes for Seagate drives. So STFU fanboys.


Ads

Best offers

Newsletters


OK
Ads