The Novell breakaway group, Wolf Mountain, has been forced to change its name but has retaliated by countersuing its former parent.
After the three founders of the group, now called Timpanogas Research Group, left to set up their own company to develop clustering technology, Novell sued them for breach of contract, trademark infringement and appropriation of trade secrets. Now the company has filed suit, alleging defamation of its three founders, chief executive Jeff Merkey, president Darren Major and vice president Larry Angus.
TRG also alleges "intentional infliction of emotional distress" by Novell officials and wrongful seizure of the three men's property. Novell had US marshals search the TRG directors' homes for evidence just before it filed charges on 29 April. TRG now claims that, when Novell filed its suit, it had not direct evidence.
To round off the charges, the spin-off is also claiming that Novell is behaving anti-competitively.
The new company - which has at least got round one of Novell's accusations by changing its name - is seeking up to $7 million in damages. Wolf Mountain is the name of Novell's own clustering technology, with which the new company would compete. Currently, TRG is under a restraining order to prevent it using Novell trade secrets, poaching Novell employees or hiding or destroying Novell property.
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