Kramer Levin Wins Dismissal of Delaware Bankruptcy Court Adversary Proceeding for Radware Ltd.

Chief Judge Kevin Gross of the United States Bankruptcy Court for the District of Delaware dismissed all four causes of action asserted against Kramer Levin client Radware Ltd, an Israel-based provider of integrated computer application delivery solutions for business-smart networking. In 2011, plaintiffs, SNMP Research International, Inc. and SNMP Research, Inc., asserted claims of software copyright infringement, misappropriation of trade secrets, unjust enrichment and conversion against Radware and other purchasers of Nortel Networks’ assets in a bankruptcy court adversary proceeding. The claims were based on an alleged transfer of SNMP-copyrighted software to Radware through Radware’s acquisition of Nortel Networks’Layer 4-7 application delivery business in 2009 with approval of the Nortel bankruptcy court. Kramer Levin Corporate attorneys Ernest S. Wechsler and Seth R. Merl led the lengthy transaction.

Kramer Levin moved the court to dismiss the action against Radware based on SNMP’s failure to plead any factual- based allegations that could support plausible causes of action. In an Opinion dated December 10, 2013, after earlier having allowed over 2 hours for oral argument, the court ruled in Radware’s favor, holding that SNMP’s 80 page, 455 paragraph Complaint was conclusory, speculative and fact deficient with respect to Radware.

Kramer Levin Intellectual Property attorneys Randy Lipsitz, Aaron Frankel and Shannon H. Hedvat represent Radware in the litigation.