Context:
- Last spring, Erich Spangenberg’s SIM IP completed the acquisition of FusionLayer’s cloud computing, virtual networking, and internet protocol address management patent portfolio (April 22, 2025 ip fray article).
- SIM IP has apparently settled a dispute with Apple that involved cases in the Unified Patent Court (UPC) and German national courts (September 6, 2025 ip fray article).
- SIM IP is also expanding into trade secrets litigation finance (January 15, 2026 ip fray article).
What’s new: On Friday (January 30, 2026), SIM subsidiary Nixu FL IP Protection LLC filed a patent infringement lawsuit over EP2005696 (“Applianced domain name server”) against two Infoblox entities and its German reseller Nomios in the UPC’s Hamburg Local Division (LD), seeking an injunction with respect to Finland (the country in which the inventors are based), Germany, France, and (under BSH long-arm jurisdiction) the UK. The accused products all come with Infoblox’s Network Identity Operating System (NIOS) or its more advanced version named NIOS-X.
Direct impact: There are many more patents in the FusionLayer portfolio that could be asserted against Infoblox products, so a settlement based on a license deal would be the most logical next step.
Wider ramifications: IP2Innovate, a Big Tech lobbying organization with support from the automotive industry, is campaigning against the UPC, arguing that it imposes a tax on innovators. But a case like Nixu FL IP Protection v. Infoblox shows that the UPC creates opportunities for innovative companies, in this case Finland’s FusionLayer, to derive value from their IP through partnerships with such organizations as SIM IP. If Europe has an innovation policy problem, it’s not the UPC but the fact that European companies don’t hold enough patents in key fields such as AI, quantum computing, and WiFi 7 (January 1, 2026 ip fray article).
When the consummation of SIM’s patent acquisition from FusionLayer was announced, the company’s managing director Jennifer Burdman (one of three SIM executives to have done deals worth billions of dollars) said that SIM IP was “delighted” to finalize the agreement with FusionLayer, which is a statement to the “significant innovation emanating from Finland.” She added:
“This portfolio acquisition is a key component of our strategy to acquire, strategically manage, and maximize the value of high-potential IP assets. Our dedicated team is focused on realizing the full commercial potential of these assets through proactive licensing initiatives, strategic enforcement where necessary, and collaborative partnerships.”
Counsel: Ampersand and df-mp.tech
The plaintiff is being represented by Ampersand’s (an ip fray firm profile is in the making) Hosea Haag and df-mp (ip fray firm profile with numerous achievements) patent attorneys David Molnia (who is also U.S.-qualified) and Dr. Dominik Ho.
