Cloud Security

Update on Proofpoint’s trade secret misappropriation and copyright infringement lawsuit against Vade Secure seeking injunctive relief and damages

Proofpoint, Inc., and its subsidiary Cloudmark LLC, a leading provider of messaging security and compliance solutions, continue to proceed toward trial in their trade secret misappropriation and copyright infringement lawsuit filed against Vade Secure, Inc., Vade Secure SASU, and Olivier Lemarié.  The case, Proofpoint, Inc. and Cloudmark LLC v. Vade Secure, Incorporated; Vade Secure SASU; and Olivier Lemarié, Case No. 3:19-CV-04238-MMC (N.D. Cal.), is currently scheduled to go to trial in July 2021 in San Francisco, California. Proofpoint is seeking monetary damages and injunctive relief to halt further infringement of its intellectual property.

Since filing the lawsuit in July 2019, Proofpoint has uncovered evidence confirming that Mr. Lemarié, the former Vice President of Gateway Technology at Cloudmark, took and used Cloudmark’s confidential and proprietary information and source code when he joined Vade Secure as Chief Technology Officer in 2017, including by literally copying Cloudmark source code into Vade Secure’s code.  As set forth in Proofpoint’s complaint, Mr. Lemarié and Vade Secure “unlawfully copied, used, and distributed [Proofpoint’s copyrighted source code]… into [Vade Secure’s] anti-spear phishing software” and used Proofpoint’s “trade secret information to develop, market, sell, or offer for sale Vade Secure’s email security products and forthcoming MTA [Builder] product,” which has since been released.

Additionally, on March 12, 2021, Vade Secure voluntarily dismissed and withdrew its counter-lawsuit. Proofpoint had filed motions explaining to the court why Vade Secure’s claims were baseless and must be dismissed.  Vade Secure subsequently dismissed all claims against Proofpoint. Accordingly, the trial in July will adjudicate Proofpoint’s claims against Vade Secure and Mr. Lemarié.

As a leading innovator in the cybersecurity industry for nearly 20 years, Proofpoint respects intellectual property rights and welcomes fair competition and collaboration with the cybersecurity community.  However, Proofpoint does not take lightly the violation and misappropriation of its intellectual property by others and will vigorously protect its rights. 

Leading organizations of all sizes, including more than half of the Fortune 1000, rely on Proofpoint for people-centric security and compliance solutions to stop targeted threats, safeguard their data, and make their users more resilient against cyber attacks. Proofpoint is confident in the merit of its claims, and that justice will be served at trial.

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