Press Releases | 08/19/2003

Hilgraeve Inc. Wins $62.5 Million Settlement Against Symantec Brooks Kushman represented Hilgraeve in patent suit

  • commercial-litigation

Southfield, Mich. – Attorneys with the intellectual property law firm Brooks Kushman P.C. settled a $62.5 million suit on behalf of Hilgraeve, Inc. vs. Symantec Corporation, just days before the case was to go to trial. As part of the settlement, Symantec, an Internet security company based in Cupertino, Calif., purchased a key security technology patent asset from Hilgraeve, Inc., a privately-held communications software company based in Monroe, Mich.

“This is a key settlement not only for Hilgraeve but for the Internet security industry,” said Ernie L. Brooks, President of Brooks Kushman and lead counsel on the suit. “We are thrilled that Symantec recognized that it had infringed on our client`s patent and did something about it before our trial date.”

The patent, U.S. Patent Number 5,319,776, covers in-transit scanning for malicious code. It scans multiple security signatures and is used by several security defenses, including antivirus technology. Also as part of the settlement, Symantec received licenses to the remaining patents in Hilgraeve’s portfolio, including patents related to data communications. The total settlement cost including purchasing the patent and licensing additional patents from Hilgraeve, Inc. is $62.5 million.

Hilgraeve sued Symantec in September 1997, alleging that unspecified Symantec products infringed a Hilgraeve patent. The court dismissed the case in March 2000 but that decision was reversed on appeal and the case was returned to the district court in September 2001.

Brooks Kushman P.C. is an intellectual property law firm based in Southfield, Michugan and with offices across the nation. Founded in 1983 by five intellectual property attorneys, Brooks Kushman has grown significantly, gaining a reputation both nationally and internationally as a leader in cutting-edge, timely, and cost-effective IP counsel. For more information, please visit

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