The tech industry is no stranger to legal battles over patents and intellectual property rights. In a recent development, a startup called Xockets, backed by the cofounder of Yahoo and CTO of Intel, has filed a lawsuit against industry giants Nvidia and Microsoft. The lawsuit accuses Nvidia and Microsoft of infringing on Xockets’ patented technology related to data processing units (DPUs) used in AI chips. This legal dispute sheds light on the fierce competition and alleged anti-competitive practices in the AI chip market.

According to Xockets, Nvidia and Microsoft are not only infringing on its patented DPU technology but are also part of a buying cartel that aims to fix prices artificially lower for AI technology. Xockets claims that Nvidia inherited the alleged infringement through its acquisition of Mellanox in 2020, which initially infringed on Xockets’ patent after a public demonstration of its DPU tech in 2015. The startup alleges that Nvidia’s DPUs, including BlueField, ConnectX, and NVLink Switch, are based on its patented technology.

In addition to Nvidia, Xockets also accuses Microsoft of infringing on its patents. The startup claims that as a customer of Nvidia, Microsoft has privileged access to the allegedly infringing GPU-enabled server systems and components for AI. Xockets asserts that Microsoft, in collaboration with Nvidia, is part of a buying cartel facilitated by an organization called RPX, which enables tech companies to collectively boycott innovations and drive prices lower by controlling access to AI capabilities.

Xockets alleges that Nvidia is engaged in a practice known as “efficient infringement,” where the company knowingly violates patents with the expectation that legal issues will be resolved later. The startup also accuses Nvidia of monopolizing the market for GPU servers for AI and engaging in anti-competitive behavior with Microsoft through the buying cartel. Xockets is seeking damages for the alleged infringement and violations of antitrust law, as well as an injunction to stop the companies from continuing to use its patented technology.

Despite facing two tech giants in court, Xockets appears confident in its legal position. The startup’s investor and board member, Robert Cote, an intellectual property lawyer, has expressed confidence in Xockets’ ability to take on Nvidia and Microsoft. The outcome of this legal battle could have far-reaching implications for the AI chip market and competition in the tech industry as a whole. It remains to be seen how Nvidia, Microsoft, and other industry players will respond to these allegations and navigate the complex legal landscape surrounding AI patents.

The lawsuit filed by Xockets against Nvidia and Microsoft highlights the intense competition and legal challenges facing companies in the AI chip market. As technology continues to evolve rapidly, disputes over patents and intellectual property rights are likely to become more common. The outcome of this case will not only impact the parties involved but could also shape the future of innovation and competition in the tech industry.

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