December 29, 2005
Kelley Drye represented Telos Corporation and its subsidiary, Xacta Corporation, in a highly-publicized intellectual property case brought by Xacta’s competitor, SecureInfo Corporation. The Firm successfully obtained dismissal of 10 of the 13 claims asserted by SecureInfo against Telos. The suit alleged that Telos improperly obtained a copy of plaintiff’s purported trade secret software in order to conduct a competitive analysis of the product. Xacta and SecureInfo provide certification and accreditation software and services to the federal government to assist government agencies comply with their responsibilities under FISMA and secure their computer systems.
Following the successful motion to dismiss, and after an intense period of discovery, Kelley Drye filed an opposition to SecureInfo’s motion for preliminary injunction on behalf of Telos. Without filing a reply, SecureInfo unilaterally withdrew its motion and cancelled all remaining discovery and the scheduled evidentiary hearing on its motion. Telos has subsequently defeated a motion for leave to amend the complaint, won costs and attorneys' fees as a sanction for discovery abuse by the plaintiff and asserted a counterclaim for patent infringement against SecureInfo. The case is expected to go to trial in Alexandria, Virginia in early 2006.