Plaintiff
1 case as plaintiff.
Seattle SpinCo, Inc. ("Seattle") is a Delaware corporation whose registered principal place of business is recorded at 1209 Orange St., Wilmington, Delaware — a corporate-services address consistent with its role as a holding entity. It was formed by Hewlett Packard Enterprise in 2016 to hold HPE's software business and, on September 1, 2017, was spun off to HPE stockholders and simultaneously merged into a subsidiary of UK-based Micro Focus International plc, becoming an indirect wholly owned Micro Focus subsidiary (HPE 10-K/8-K; GeekWire, Sept. 2017). Micro Focus was acquired by OpenText Corporation (NASDAQ/TSX: OTEX) for approximately $5.8 billion, closing January 31, 2023, so Seattle SpinCo now sits within the OpenText group (OpenText press release, Jan. 31, 2023). It is not publicly traded and publishes no separate revenue or headcount.
Its operations are the former HPE Software segment, held through subsidiaries. EntIT Software LLC (formerly HP Software LLC) — roughly 298 Texas employees, 137 in Plano per the complaint — develops and sells the Application Delivery Management line, including LoadRunner, Performance Center, StormRunner Load, and Mobile Center. Other subsidiaries named in litigation are EntCo Interactive (Israel) Ltd., EntCo Government Software LLC, and Micro Focus (US) Inc. (E.D. Tex. complaint, 4:18-cv-00469). Seattle SpinCo functions as a corporate/holding layer over these operating units, not as a standalone product company, and it is not a non-practicing entity.
Its tracked litigation is evenly split (1 as plaintiff, 1 as defendant), and both cases are defensive in character. In Wapp Tech LP et al. v. Micro Focus International PLC et al. (E.D. Tex., Sherman Division, Judge Mazzant, filed July 2, 2018) it was a defendant; roughly three months later, on October 15, 2018, Seattle SpinCo and Micro Focus LLC filed a Delaware declaratory-judgment action against Wapp seeking invalidity and non-infringement of the same patents. The Federal Circuit denied its mandamus petition to move the Texas case to Delaware (June 2020).
Context: the Texas jury returned a $172,554,269 verdict for Wapp on March 5, 2021, with willfulness findings; the court later declined to enhance damages. The dispute concerned performance-testing software (LoadRunner/Performance Center) inherited from the HPE spin-off.
Declaratory judgment action by Seattle SpinCo and EntIT Software against Wapp; the court stayed the case on March 15, 2019, and Wapp's dismissal/transfer arguments were dismissed without prejudice.