Cases & Deals

Brocade Communications and McDATA Corporation successfully defend parallel actions arising out of termination of provider agreement

Client(s) Brocade Communications Systems, Inc.

Jones Day represented Brocade Communications Systems, Inc., and its wholly-owned subsidiary McDATA Corporation, in parallel actions filed in Santa Clara and San Diego County Superior Court, arising out of Brocade's decision to terminate Anacomp on 90 days notice as a provider of break-fix services. Anacomp sued Brocade in Santa Clara County Superior Court, claiming that the termination would cause irreparable injury. After defeating an application for a preliminary injunction, the Firm also defeated a motion for a temporary restraining order. Plaintiff's writ petition thereafter was denied. Anacomp then sued McDATA in San Diego County Superior Court after it too terminated its agreement with Anacomp. Anacomp and McDATA then filed cross claims seeking unreturned inventory and prepayments. The matter was settled on favorable terms after jury selection commenced in the Santa Clara County action.

Anacomp, Inc. v. Brocade Communications Systems, Inc., No. 1:07 CV 098855 (Santa Clara County Super. Ct. filed Nov. 14, 2007); Anacomp, Inc. v. Superior Court, No. H032381 (Cal. Ct. App. 6th Dist. Dec. 14, 2007); Anacomp, Inc. v. McDATA Corporation, No. 37-2008-00081476-CU-BC-CTL (San Diego County Super. Ct. filed Apr. 10, 2008)