Barracuda enlists open source help in Trend Micro patent fight

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Barracuda Networks is looking for works of prior art in hopes of beating back patent infringement charges levied by Trend Micro with the U.S. government.

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i m not sure what does it means but don't you think every AV is using this techiqniue?every AV has a gateway and they scan the contents.so infact everyone should get a license from trend micro?