Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00826-SLR

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IN THE NEWS

PRESS RELEASES
FCCI Insurance Group Deploys Guidewire ClaimCenter
Guidewire celebrates 30th successful P&C carrier implementation of its modern core insurance systems SARASOTA, Fl., and SAN MATEO, Calif., March 27, 2008 ­ FCCI Insurance Group (FCCI), a premier provider of comprehensive property and casualty insurance for the commercial business owner, and Guidewire Software®, a leading global provider of solutions to property and casualty insurers, today announced that FCCI has successfully deployed Guidewire ClaimCenter® as its all-in-one claims system. FCCI has elected to implement ClaimCenter using a phased approach with this initial deployment supporting commercial auto claims. Expansion to include all FCCI lines of business is currently underway, with full deployment expected in 2009. When fully deployed, ClaimCenter will support 260 FCCI users and have the capacity to handle 2,000 or more new claims per month. This project marks the 30th successful implementation of a Guidewire web-based core insurance system since Guidewire's initial system launch in 2003. FCCI sought a single, modern claims system to replace its three legacy systems and gain the functionality and flexibility to support end-to-end claims processing for all lines of business. The project includes 12 key integration points between ClaimCenter and internal FCCI processes and systems, including policy administration, document management, check printing, and the data warehouse, as well as between FCCI and external business partners such as ISO and select preferred vendors. "FCCI values the reputation we've earned for fast and fair claim settlement," said Garth Crow, vice president claims. "Deploying ClaimCenter makes us even more efficient, translating to even better service for our customers." Seamless integration with FCCI's policy administration system enables ClaimCenter users to easily confirm coverages, simplifying the former process. In addition, ClaimCenter's convenient desktop diary system recommends, monitors ­ and escalates as necessary - adjusting tasks and timeframes. Further improvements and cost savings are achieved through the fully integrated ISO ClaimSearch function which provides a streamlined method to request and receive ISO reports. Should a claim progress to litigation, ClaimCenter's litigation management capabilities provide a powerful one stop resource to track and handle all litigation related matters ­ including specific litigation calendar capabilities. Consolidating the FCCI operation to a single claim handling system enables improved claim adjusting efficiency, consistency, accuracy, and speed ­ resulting in benefits to FCCI's adjusters, independent agents and policyholders alike. ClaimCenter also enables FCCI to: Gain real-time visibility into its day-to-day claims inventory and status; Respond to regulatory and business change in less time; Reduce adjuster training times from several weeks (for multiple

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systems) to two-three days for ClaimCenter; and Streamline maintenance costs through system consolidation. "In addition to their ClaimCenter solution, Guidewire brought very knowledgeable and professional resources to our project," said Brenda Davis, chief information officer, FCCI. "With Guidewire's assistance, FCCI was able to own this project. We gained the expertise to configure, maintain and further integrate our new system. Thanks to Guidewire, FCCI is self-sufficient now and can make adjustments as our business needs evolve." Guidewire's chief executive officer, John Raguin added, " In the past, the P&C industry has experienced far too many large scale IT project failures, many as a result of vendor over commitment and/or under delivery. Guidewire has been working very hard since our inception to restore the industry's faith in technology vendors. It is particularly gratifying for us to see our 30th implementation go into production." He continued, "Each and every customer success is a cause for celebration at Guidewire. We are thrilled to congratulate FCCI on their successful project and we thank them for helping us mark this milestone in our company's history." Guidewire has deployed claims management, billing, and policy administrations systems throughout the United States, Canada, the U.K., Russia, and Australia, with numerous additional implementations currently underway. Carriers of all sizes and all lines of business utilize Guidewire technology to improve mission-critical core insurance operations. Some of Guidewire's in-production customers include: Hastings Mutual, Canal Insurance, CNA, Boulder Claims, The Dominion of Canada General Insurance Company, Employers Direct Insurance Company, Homeserve, Merastar, Montana State Fund, New Mexico Mutual, PURE High Net Worth Insurance, Rosgosstrakh, Suncorp, Sequoia, and SUA. Guidewire ClaimCenter is a leading end-to-end claims system for property and casualty and workers' compensation insurance. ClaimCenter's flexible business rules enable claims organizations to optimize and monitor the claim process. Claims executives can define, enforce, and continually refine their preferred claim handling practices. In addition, a modern technology architecture, providing 100% web client, and web services interface enable lower total cost of ownership in any environment. About FCCI Insurance Group FCCI began in Sarasota, Florida in 1959 as a self-insurance fund to help its members save money on the cost of workers' compensation insurance. Today, FCCI provides comprehensive commercial property and casualty insurance to approximately 16,000 policyholders in13 states throughout the Southeast and Midwest. FCCI wrote more than $550 million in written premium in 2007 and is rated A- (Excellent) by A.M. Best. Headquartered in Sarasota, FL, FCCI has regional offices in Carmel, IN and Duluth, GA, as well as a branch office in Lake Mary, FL. For more information, call 1-800-226FCCI (3226), or visit FCCI's website at www.fcci-group.com. About Guidewire Software

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Guidewire Software is a leading global provider of technology solutions to property and casualty and workers' compensation insurers. Guidewire delivers proven software to run core insurance operations, including billing, underwriting, policy, and claim management. The Guidewire Insurance SuiteTM consists of Guidewire ClaimCenter®, Guidewire PolicyCenter®, and Guidewire BillingCenter®, which provide a modern, web-based platform for all lines of business. Guidewire is headquartered in San Mateo, California, USA, with offices in London, Munich, Paris, Sydney, Tokyo, and Toronto. For more information, please visit www.guidewire.com. « back

Copyright © 2008 Guidewire Software, Inc. All Rights Reserved. | Legal Notices and Privacy Policy

http://guidewire.com/news_events/pr/080327

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IN THE NEWS

PRESS RELEASES
GAINSCO Deploys Guidewire ClaimCenter
Guidewire's leading end-to-end claims system garners real-time visibility into operations DALLAS, Texas, and SAN MATEO, Calif., April 1, 2008 ­ GAINSCO, INC., a nonstandard personal auto insurance holding company ("GAINSCO"), and Guidewire Software®, a leading global provider of solutions to property and casualty insurers, today announced that GAINSCO has successfully deployed Guidewire ClaimCenter® as its new end-to-end claims handling system for all auto claims. ClaimCenter is now in production use by the company's 175 claims staff who are distributed across three regional claims centers. Full retirement of GAINSCO's existing legacy claim system is planned by the end of 2008. The insurer selected Guidewire ClaimCenter due in large part to the system's scalability, breadth and depth of functionality, and its modern technology architecture (Java for the J2EE Standard). Designed and developed as a web-based system, ClaimCenter fit well with GAINSCO's corporate technology strategy. "We found Guidewire ClaimCenter to be significantly ahead of other systems on the market," said Phil West, GAINSCO's chief information officer and senior vice president. "Our Guidewire implementation project was the smoothest we have ever experienced ­ and it came in both on time and on budget." ClaimCenter has positioned the GAINSCO claims organization to: Enhance service to customers; Improve adjustor efficiency and effectiveness; Reduce indemnity costs; Remove technology limitations from being a deterrent to optimal business practices; Utilize on-demand versus batch reporting for real-time management of claims; and Self-manage a wide variety of configuration changes, resulting in quicker modifications and a reduced dependence on IT. "Guidewire ClaimCenter provides the capability for our claims adjusters to work more effectively," said Greg Castleman, senior vice president, Claims, GAINSCO. "ClaimCenter uses business rules to allow us to automate workflows and tasks in order to enhance our ability to leverage best practices across our organization. Additionally, real-time management information affords the opportunity to identify and address handling and process issues before impacting service or financial outcomes." Guidewire ClaimCenter is a leading end-to-end claims system for property and casualty and workers' compensation insurance. ClaimCenter's flexible

PRESS RELEASES Archive: 2006-2007 Archive: 2003-2005 MEDIA INFO

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business rules enable claims organizations to optimize and monitor the claim process. Claims executives can define, enforce, and continually refine their preferred claim handling practices. In addition, a modern technology architecture, providing 100% web client, and web services interface enable lower total cost of ownership in any environment. "GAINSCO is a perfect example of a company that recognized a pressing business need and took immediate action," said John Raguin, chief executive officer, Guidewire Software. "They were committed to implement ClaimCenter quickly and are now enjoying the positive business and technology benefits that will help them drive their claims operation forward." About GAINSCO GAINSCO, INC. is a Dallas, Texas-based holding company. The Company, through its insurance brand, GAINSCO Auto Insurance, distributes nonstandard personal automobile insurance products through independent retail agents in Florida and South Carolina (Southeast Region), Texas (South Central Region) and Arizona, Nevada and New Mexico (Southwest Region), and through an independent managing general agency in California (West Region). Its insurance company subsidiary is MGA Insurance Company, Inc. For more information, please visit www.gainsco.com. Some of the statements made in this release may be forward-looking statements. Forward-looking statements relate to future events or future financial performance and may involve known or unknown risks, uncertainties and other factors which may cause actual results, performance or achievements to be materially different from future results, performance, or achievements expressed or implied by such forward-looking statements. These forward-looking statements reflect current views but are based on assumptions and are subject to risks, uncertainties, and other variables which should be considered when making an investment decision. About Guidewire Software Guidewire Software is a leading global provider of technology solutions to property and casualty and workers' compensation insurers. Guidewire delivers proven software to run core insurance operations, including billing, underwriting, policy, and claim management. The Guidewire Insurance SuiteTM consists of Guidewire ClaimCenter®, Guidewire PolicyCenter®, and Guidewire BillingCenter®, which provide a modern, web-based platform for all lines of business. Guidewire is headquartered in San Mateo, California, USA, with offices in London, Munich, Paris, Sydney, Tokyo, and Toronto. For more information, please visit www.guidewire.com. « back

Copyright © 2008 Guidewire Software, Inc. All Rights Reserved. | Legal Notices and Privacy Policy

http://guidewire.com/news_events/pr/080401

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IN THE NEWS

PRESS RELEASES
The Main Street America Group Completes Legacy Claims Systems Replacement with Guidewire ClaimCenter
Implementation Marks Insurer's First of Several Core System Replacements SAN MATEO, Calif., April 16, 2008 ­ Guidewire Software®, a leading global provider of solutions to property and casualty insurers, today announced that The Main Street America Group, a super regional property and casualty carrier, has fully completed its deployment of Guidewire ClaimCenter® for all its lines of business. ClaimCenter completely replaces Main Street America's three legacy claims systems. This milestone marks the first of several core system replacements at Main Street America and is the culmination of a three-year phased deployment effort. Like most insurers, Main Street America was using a variety of systems of various ages to meet its claims handling needs. The company recognized the numerous benefits and sustainable competitive advantage modern technology systems could provide and committed to modernizing its core claims system. Facing system replacement and internal build challenges in the ensuing years, Main Street America selected Guidewire ClaimCenter as its system of choice in mid-2005. Main Street America has since been focused on its replacement project, methodically deploying ClaimCenter for successive lines of business in 2006 and 2007, with the final line of business moving into production during February 2008. This ClaimCenter project deployed as planned and on-budget and included 26 integration points to key Main Street America systems, including several policy administration systems, check disbursement, statistics engine, accounting systems, the company's data warehouse and to relevant external systems. "This is a truly significant event for our company," commented Bill Garvey, an information technology director at Main Street America who oversaw the implementation. "Core systems are crucial to our business and the projects to replace them cannot be underestimated in their complexity. We were fortunate to have great internal teams from claims and information technology working together on this, strong executive vision and support for the project, and an outstanding partner in Guidewire to get the job done." ClaimCenter provides Main Street America with a more streamlined and flexible claim processing environment, the ability to provide enhanced policyholder services, and improved operational efficiencies that lead to reduced claim loss expenses and positively impact the carrier's combined ratio, Garvey added. "ClaimCenter assists us in delivering superior claims adjusting results to our customers and has enabled us to improve our file organization and file quality," said Mike Lancashire, vice president, claims, The Main Street

PRESS RELEASES Archive: 2006-2007 Archive: 2003-2005 MEDIA INFO

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America Group. "The system also enhances our compliance with state regulations and our best practices. Its intuitive design allows integration with our vendors, as well as ease in training our new adjusters." Guidewire ClaimCenter is a leading end-to-end claims system for property and casualty insurance companies. ClaimCenter's flexible business rules enable claims organizations to optimize and monitor the claims process. Claims executives can define, enforce, and continually refine their preferred claim handling practices. In addition, a modern technology architecture, providing 100% web client, and web services interface enable lower total cost of ownership in any environment. "We designed ClaimCenter from the ground up to be a complete end-to-end core claims management system, capable of replacing a carrier's legacy claims system," said John Raguin, chief executive officer, Guidewire Software. "Knowing that our system can do this is one thing ­ but having a carrier experience the reality of it is quite another. Main Street America's accomplishment is shared and applauded by all of us at Guidewire. We know these projects are challenging; we commend and congratulate them on their success." About The Main Street America Group With roots dating back to 1923, The Main Street America Group is a super regional insurance company that operates four property-casualty insurance carriers: NGM Insurance Company, Old Dominion Insurance Company, Main Street America Assurance Company and MSA Insurance Company. Based in Jacksonville, Fla., Main Street America offers a wide range of commercial and personal insurance products, and fidelity and surety bond products, to individuals, families and businesses. With more than $850 million in direct premium written exclusively by nearly 1,200 independent insurance agents, Main Street America insures more than 500,000 policyholders along the Eastern Seaboard from Maine to Florida. The company has regional offices in Jacksonville; Keene, N.H.; Richmond, Va.; and Syracuse, N.Y., and a claims reporting center in Auburn, Mass. A.M. Best Company rates The Main Street America Group as an "A" (Excellent). The Main Street America Group is the founding company partner of Trusted Choice®, the global branding program of the Independent Insurance Agents & Brokers of America. For more information about The Main Street America Group, visit www.msagroup.com. About Guidewire Software Guidewire Software is a leading global provider of technology solutions to property and casualty and workers' compensation insurers. Guidewire delivers proven software to run core insurance operations, including billing, underwriting, policy, and claim management. The Guidewire Insurance SuiteTM consists of Guidewire ClaimCenter®, Guidewire PolicyCenter®, and Guidewire BillingCenter®, which provide a modern, web-based platform for all lines of business. Guidewire is headquartered in San Mateo, California, USA, with offices in London, Munich, Paris, Sydney, Tokyo, and Toronto. For more information, please visit www.guidewire.com.

http://guidewire.com/news_events/pr/080416

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IN THE NEWS

PRESS RELEASES
Suncorp Deploys Guidewire ClaimCenter
First Australian Insurer in Production with Guidewire's Leading End-to-End Claims System Sees Significant Improvement in Claims Efficiencies BRISBANE, QLD, AUSTRALIA and SAN MATEO, CA, USA, January 2, 2008 - Suncorp, the second largest general insurance company in Australia, and Guidewire Software®, a leading global provider of solutions to general insurers, today announced that Suncorp has successfully deployed Guidewire ClaimCenter® as its new system for home insurance claims. Following a number of mergers and acquisitions, Suncorp had multiple claims systems. The company is consolidating its systems with Guidewire ClaimCenter, a single web-based system. ClaimCenter is the technology foundation for Suncorp's claims business transformation and is enabling enhanced service for policyholders, agents, and service network partners; lowered claims expenses; improved claims handling processes; and more effective communication with Suncorp's network of repair specialists. "Guidewire is a key enabler in our change strategy," said Peter How, Suncorp's IT manager, Guidewire Centre of Excellence. "Their services are helping us transform Suncorp's claims business." ClaimCenter now enables Suncorp to: Better screen claims to ensure that only legitimate losses get into the system; Simplify the FNOL (First Notice of Loss) process resulting in improved customer service; Automatically and consistently assign claims to the appropriate adjuster based on complexity; Streamline and reduce IT maintenance efforts by moving to a single technology; and Reduce training times as a result of ClaimCenter's ease-of-use. "Our Guidewire implementation project was a smooth one ­ it came in on time and on budget," said Mr. How. Guidewire ClaimCenter is a leading end-to-end claims system for general and workers' compensation insurance. ClaimCenter's flexible business rules enable claims organizations to optimize and monitor the claim process. Claims executives can define, enforce, and continually refine their preferred claim handling practices. In addition, a modern technology architecture, providing 100% web client, and web services interface enable lower total cost of ownership in any environment. "We have been impressed with Suncorp's adoption of ClaimCenter," said Ian Tavener, vice president, International Operations, Guidewire Software. "This very successful project team included just four Guidewire consultants and the ClaimCenter roll-out to additional lines of business is being done almost

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entirely by Suncorp. Suncorp's `Guidewire Centre of Excellence' is proving our vision to empower insurers through a flexible, modern technology insurance application." About Suncorp Suncorp is a top 20 Australian company, and the country's second largest insurer, and sixth largest bank. Suncorp is capitalised at around $18 billion with operations in every Australian state and a significant presence in New Zealand. Suncorp employs more than 16,000 people, and services more than 8 million customers. For more information, please visit www.suncorp.com.au. About Guidewire Software Guidewire Software is a leading global provider of technology solutions to property and casualty and workers' compensation insurers. Guidewire delivers proven software to run core insurance operations, including billing, underwriting, policy, and claim management. The Guidewire Insurance SuiteTM consists of Guidewire ClaimCenter®, Guidewire PolicyCenter®, and Guidewire BillingCenterTM, which provide a modern, web-based platform for all lines of business. Guidewire is headquartered in San Mateo, California, USA, with offices in London, Munich, Paris, Sydney, and Toronto. For more information, please visit www.guidewire.com. « back

Copyright © 2008 Guidewire Software, Inc. All Rights Reserved. | Legal Notices and Privacy Policy

http://guidewire.com/news_events/pr/080102

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IN THE NEWS

PRESS RELEASES
Towergate Partnership Selects Guidewire
Guidewire ClaimCenter® to help Europe's largest independently-owned insurance intermediary enhance claims handling Measurement & Improvement MAIDSTONE, Kent, U.K., and SAN MATEO, CA, USA, February 13, 2008 ­ Towergate Partnership (Towergate), Europe's largest independently-owned insurance entity and Guidewire Software®, a leading global provider of technology solutions to property and casualty insurers, today announced that Towergate has selected Guidewire's industry leading ClaimCenter system. Guidewire ClaimCenter will support the end-to-end claims handling process for virtually all of Towergate's lines of business; implementation is commencing with Household claims. Towergate operates 100 offices throughout the U.K. It acts as both a broker and a virtual insurer. The company currently uses multiple claims handling systems across its business. Centralized system access and management information or reporting capabilities are limited. ClaimCenter will be implemented across Towergate sites in stages, replacing the existing claims platforms, regulating and standardizing the business' claims practices and procedures in the process. "We selected Guidewire on the strength of its people, products, and implementation success record," said Max Carruthers, chief operations officer, Towergate Partnership. "ClaimCenter will provide us with the modern technology infrastructure to standardize and improve our claims handling business." With ClaimCenter, Towergate gains a single system on which to streamline its claim adjusting processes and improve customer service. ClaimCenter will enable Towergate to: Reduce claims leakage; Improve claim handler efficiency; Embed best practices for handling consistency across the business; Gain visibility into its claims handling operations; Form the foundation for supplier management; Enhance management information and reporting; and Simplify IT maintenance efforts by using one claim system across the business. "Guidewire ClaimCenter is a robust claims handling solution that will enable us to reduce claims leakage and fraud potential, thereby reducing our overall claims costs," Carruthers adds. "Having a system that will audit transactions, record timescales, and allow key events to be centrally managed and/or monitored will give us new visibility into our business and enable us to demonstrate compliance with current and any new regulations."

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http://guidewire.com/news_events/pr/080213

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Guidewire ClaimCenter is a leading end-to-end claims system for general insurance. ClaimCenter's flexible business rules enable claims organizations to optimize and monitor the claim process. Claims executives can define, enforce, and continually refine their preferred claim handling practices. In addition, a modern technology architecture, providing 100% Web client, and Web services interface enable lower total cost of ownership in any environment. "Towergate is a fast-growing, innovative company," said Ian Tavener, vice president, International Operations, Guidewire Software. "Like Guidewire, Towergate works in close partnership with its customers and partners to exceed their expectations. Towergate prides themselves on the quality of their products and services. We see a lot of synergy between our companies and we are especially pleased to be working with Towergate on their claims transformation project." About Towergate Partnership Towergate was established in 1997, when Towergate Underwriting Ltd. was launch to provide expert underwriting for niche markets ranging from holiday homes to cherished cars. Since then we have expanded and broadened our base to over 200 product areas ­ the widest range of specialisms in the UK market. Towergate is now Europe's largest independently owned insurance intermediary. We have over 3,500 committed staff operating out of 100 UK offices. Towergate's reputation for innovation and dynamism is backed up by recognition from the Sunday Times as a Profit Track 100 company. In 2007 it was voted Private Company of the Year by ACQ Magazine. Our Executive Chairman, Peter Cullum, was also voted the 2008 `UK Entrepreneur of the Year' by Management Today and the 2006 M&A Magazine `Deal Maker of the Year'. Our business model enables the company to deliver exceptional value to our clients through quality insurance products and services, underpinned by strong relationships with leading insurance companies. We call this our `Value Triangle' ­ a three-way partnership. For more information, please visit www.towergate.co.uk. About Guidewire Software Guidewire Software is a leading global provider of technology solutions to property and casualty and workers' compensation insurers. Guidewire delivers proven software to run core insurance operations, including billing, underwriting, policy, and claim management. The Guidewire Insurance SuiteTM consists of Guidewire ClaimCenter®, Guidewire PolicyCenter®, and Guidewire BillingCenter®, which provide a modern, web-based platform for all lines of business. Guidewire is headquartered in San Mateo, California, USA, with offices in London, Munich, Paris, Sydney, Tokyo, and Toronto. For more information, please visit www.guidewire.com. « back

Copyright © 2008 Guidewire Software, Inc. All Rights Reserved. | Legal Notices and Privacy Policy

http://guidewire.com/news_events/pr/080213

4/30/2008

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P & C Technology Blog: Happy New Year from Accenture Case 1:07-cv-00826-SLR Document 26-2

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P & C Technology Blog
December 31, 2007

Happy New Year from Accenture
As many of you know, especially those of you who are Guidewire clients, Accenture filed a lawsuit recently alleging that Guidewire Software, has infringed the U.S. patent protecting the Accenture Claim Components solution and has misappropriated trade secrets related to the design, coding and implementation of the Accenture software. Here is the body of the original press coverage: Accenture Sues Guidewire for Alleged Patent Infringement By Anthony O'Donnell Accenture alleges claims software rival Guidewire deliberately used intellectual property associated with Accenture Claim Components. Click here to read more... Guidewire's initial response (http://www.guidewire.com/news_events/pr/071218) was followed on Friday, December 21st by a more strongly worded reaction which includes the following from CEO John Raguin: "The Guidewire team takes immense pride in the quality of our products and how quickly ClaimCenter has become the best modern claims system in the world," said John Raguin , chief executive officer, Guidewire Software. "We have grown from the status of entrant to market leader by hiring the best people, using innovative software development techniques and most importantly, working closely with our customers. Our customers and the industry as a whole, appreciate Guidewire's reputation for integrity and fair competition. While we continue to review our litigation options, we can assure them that we have not misappropriated any Accenture trade secrets and we are confident that we have not infringed Accenture's patent. We view these allegations as a tactic intended to disrupt our business." So, what do we make of this? As you all know Guidewire sponsors this blog. Additionally, my company, CastleBay Consulting, has a long established relationship with Guidewire. I know many people at the company, including the founders, and have always enjoyed working with them for their high standards of professionalism and ethics. So, I am probably biased, but even allowing for that possibility, here are a couple of observations which make me scratch my head: Accenture's software is written in .Net, while ClaimsCenter is written in Java, so how much code and/or design IP could Guidewire have actually appropriated? Anything which Guidewire stole would have to be redesigned and rewritten from the ground up. Accenture claims that Guidewire developed and brought ClaimsCenter to market so quickly that they must have stolen code and or ideas. How then do they explain the development and launch of BillingCenter which took about the same amount of time as ClaimsCenter, and the ongoing rapid evolution of PolicyCenter? Accenture does not have either piece of software. It will be interesting to see how this plays out. There are of course always two sides to every story and apparently Accenture thinks they have a case, but this just doesn't make sense to me. We will continue to follow this closely and I am interested in your comments, especially those of you who are Guidewire clients. It

http://insurancetechnology.typepad.com/pc_technology_blog/2007/12/happy-new-year.html

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speaks to the character of the Guidewire founders and principles that they are more surprised and bemused than angry. I am sure they would appreciate any statements of support, regardless of the way in which they are communicated. On this sobering note I wish you all a prosperous, litigation-free New Year.
Posted at 01:26 PM | Permalink TrackBack
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Comments
As one of Guidewire's first ClaimCenter customers we have enjoyed an open and forthright relationship with the Guidewire senior staff and developers. When selecting our claim system in 2002, one of our top criteria was to gain an understanding of the software provider's ethics and integrity. Guidewire received the highest marks on these criteria. Our association with Guidewire over the last five years has served to strengthen our original favorable impressions. Posted by: Robert Eshelbrenner | January 08, 2008 at 09:36 AM I had the privilege of working at Guidewire a few years ago with the introduction of their Claims product to the marketplace. The idea that they would infringe on Accenture is ridiculous. From the President to any of the consultants who were working within their initial clients, Guidewire people worked with the highest integrity and professionalism. This strategy of Accenture should be seen for what it is....create confusion in the Marketplace to slow down Guidewire. Posted by: Jeff West | January 02, 2008 at 09:08 AM Frankly I think Guidewire should take this as a complement, Accenture apparently can't beat them in the market place so they've decided to try in the courts for a while. The problem is, of course, that whereas the Guidewire folks may well be surprised and bemused at this point, I suspect that will turn to anger as they start to see their coffers being drained by legal fees. And frankly Guidewire's clients should get angry as well. If this gets really nasty, money that presumably would have gone into R&D will have to be spent on their defence instead. Having read Accenture's patent (but being no lawyer) I am very surprised that they could get such a generic patent, I suspect lots of software could be said to be coming close to the design parameters they have patented. Posted by: Peter Symons | January 01, 2008 at 09:04 AM

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Accenture Behaving Badly Case 1:07-cv-00826-SLR

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HOM E

FR EQ U EN T LY ASKED Q U EST I O N S

What is this all about?
Accenture has filed a patent infringement lawsuit against Guidewire Software. Guidewire is an innovative company that has developed the best technology in the P&C insurance industry* and achieved an unmatched level of customer satisfaction. Guidewire has more than 40 customers, of which more than 30 are in production. Accenture has been beaten fairly in the marketplace by Guidewire, and they are now resorting to litigation to try to win in court what they cannot win with customers in the free market. Guidewire has earned a reputation for integrity and is determined to vigorously protect its reputation in the face of these allegations.
Learn more about Guidewire Software...
*Source: Gartner Marketscope 2007, InsureTopTech Survey 2007

I T ' S P A T EN T L Y U N FAI R!
Send an email to Guidewire to show your support!

A CCEN T U R E D O ES N ' T T H I N K I T ' S P O SSI BLE T O D EV ELO P H I G H Q U A LI T Y P R O D U CT S S O Q U I CK L Y "We believe that their product development trajectory was just too fast to result in the kind of product that they have, which looks fairly similar to ours. From our view that's too much of a coincidence, so there has to be a trade secret violation here, in our opinion." - John DelSanto, Partner, Accenture, Insurance & Technology magazine December 19, 2007 H O W H A S GU I D EW I R E BU I LT M A R K ET - LEA D I N G P R O D U CT S SO FAST? "Guidewire uses innovative software development techniques such as Agile and `test-first' that enable complex solutions to be built faster and with higher quality than traditional development methods." Watch this video clip to learn more... - John Seybold, CTO and Co- founder, Guidewire

On shaky ground: A flimsy foundation for a lawsuit
On December 18, 2007 Accenture filed a lawsuit against Guidewire Software for alleged patent infringement and trade secret misappropriation. Guidewire first learned of the allegations via press reports. Guidewire has never misappropriated Accenture's trade secrets and has not infringed Accenture's patent. Guidewire believes both of these claims were filed in bad faith. Guidewire's February 6, 2008 filing makes clear that Accenture knew their claims were objectively meritless and asserted the claims anyway because of their inability to compete with Guidewire in the free market. The trade secret claim does not specify what secrets were appropriated, how they were appropriated, how Guidewire used them, how Guidewire's product even resembles Accenture's product ... or any facts whatsoever, except Guidewire's "surprisingly quick development trajectory." The patent infringement claim is based on a patent that Guidewire has asserted is unenforceable because of Accenture's conduct in obtaining the patent. Specifically, Guidewire has alleged that Accenture filed multiple (but nearly identical) applications on the same day, failed to cross reference those applications, and failed to disclose material prior art at issue in some of those applications in the others. Based on this conduct, Guidewire has asserted that Accenture intended to commit a fraud on the patent office and that the patent should be held unenforceable. The real reason Accenture is attempting to inflict the expense and disruption of litigation

GU I D EW I R E CU S T O M ER S SP EA K O U T "As one of Guidewire's first ClaimCenter customers we have enjoyed an open and forthright relationship with the Guidewire senior staff and developers. When selecting our claim system in 2002, one of our top criteria was to gain an understanding of the software provider's ethics and integrity. Guidewire received the highest marks on these criteria. Our association with

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Guidewire over the last five years has

upon Guidewire is that they have been left behind in the market by Guidewire's faster development process, superior products, lower-cost implementations, and unmatched track record of customer success. In launching a frivolous lawsuit, they are putting all insurance companies on notice that they may have to defend their intellectual property and stifling the innovation that the industry needs. Download these documents for more detailed information: Accenture Patent Accenture Complaint Guidewire Answer & Counterclaims

served to strengthen our original favorable impressions." - Robert Eshelbrenner, Hastings Mutual Insurance Company "I've been working with Guidewire for several years. Aside from the success we've enjoyed installing and using their product, the most impressive aspect of our relationship is the quality of the Guidewire people with whom we've had the pleasure to work. They are up front, honest, dedicated and hard working. Good people whom I'd recommend in a heart beat." - Bill Garvey, The Main Street America Group See more reactions to the lawsuit...

Accenture v. Guidewire Software: Key business information
Accenture and Guidewire Software have been competing directly for business for seven years. Since the two companies began competing for the same business, more than 40 insurance carriers have selected ClaimCenter to modernize their claims management operations. In the 2007 "InsureTopTech: Voice of the Insurance Market" survey by Insurance Networking News and Financial Insights, Guidewire was named the "Overall Winner" and top vendor in four of nine award categories. Accenture was not recognized for any awards in this 2007 survey. Guidewire attained a rating of "Strong Positive", the highest possible rating in Gartner's 2007 report, "Marketscope: North American Property and Casualty Insurance Claims Administrations Systems", while Accenture was rated "Positive", representing a lower rating than Guidewire. Guidewire was rated best IT Vendor for Claims Processing & Management in U.S. Insurer Magazine's 2006 poll. This poll surveys technology officers in insurance firms in the U.S., asking that they identify their favorite IT Vendors in different categories. Guidewire has a packaged software approach where the company continually improves products and makes new versions available to its customers. Guidewire also works very closely with its customers to accelerate the design of its products. Accenture's approach on the other hand is to separate its product into "components" that are then custom tailored for each individual customer. The Accenture approach makes it far more difficult, if not impossible, to provide a standard upgrade path for customers.

H EAR M O R E FR O M O U R CU S T O M E R S View video clips of Guidewire customers discussing their experiences implementing and using our products.

CO N T A C T G U I D E W I R E Want to learn more? Send an email Guidewire for more information.

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HOM E

FR EQ U EN T LY ASKED Q U EST I O N S

FREQUENTLY ASKED QUESTIONS
What is Accenture's lawsuit about?
Accenture's lawsuit makes two allegations about Guidewire and its market-leading claims system, Guidewire ClaimCenter. First, that Guidewire misappropriated Accenture's "trade secrets" concerning the design and development of a claims management system; and second, that Guidewire ClaimCenter infringes upon Accenture's 2006 patent.

I T ' S P A T EN T L Y U N FAI R!
Send an email to Guidewire to show your support!

W H A T I S A CCEN T U R E' S LAW SU I T ABO U T ?

What is Guidewire's response to this lawsuit?
Guidewire vigorously denies both of these claims. The full detail of Guidewire's legal defense is contained in their filings to the Delaware District Court. In brief, Guidewire's main arguments are as follows: With respect to the alleged misappropriation of trade secrets: Accenture does not even claim that Guidewire ClaimCenter resembles Accenture's product, let alone specify the details of this similarity; rather, Accenture merely alleges that Guidewire "must have somehow gained access to Accenture Trade Secrets". Accenture adduces no facts in support of its allegation. Instead, Accenture points to Guidewire's "surprisingly quick development trajectory," which is readily explained by Guidewire's superior development efforts. In short, on no other basis than the fact that Guidewire developed a superior solution more quickly than Accenture, they have subjected Guidewire to a costly lawsuit and impugned their hard-earned reputation for integrity. With respect to the alleged patent infringement: Guidewire has not infringed Accenture's patent. There are many reasons Guidewire believes Accenture's patent is invalid and not enforceable, including Accenture's (1) failure to cite multiple pieces of prior art during prosecution; (2) failure to cross-reference the multiple extremely similar patent applications Accenture filed on the same day, thereby hiding key prior art from the examiner; and (3) failure to list the correct inventors, with the effect of obscuring the multiple similar patents it was filing. Guidewire believes that this was done with the intent to deceive the USPTO, which is burdened with evaluating more than 300,000 patent applications a year. Accenture's attempt to secure a patent for its Claims Components solution had a tortured history involving at least five rejections by the USPTO. Accenture never informed Guidewire of its impending suit, never requested information about how Guidewire software functions, never told Guidewire that they believed Guidewire products infringe Accenture's patents. Instead Accenture issued a

W H A T I S GU I D EW I R E' S R ESP O N SE T O T H I S LAW SU I T ?

S O , W H A T I S A CCEN T U R E LAW SU I T R EALLY ABO U T ?

W H Y H A S GU I D EW I R E S U CCEED ED I N T H E M A R K ET P LA CE?

W H Y TH E SUI T H URTS E V E R Y O N E , I N CL U D I N G A CCEN T U R E

CO N T A C T G U I D E W I R E

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press release containing multiple false and misleading statements about Guidewire (such as that Guidewire "willfully and deliberately developed...software and services used for insurance claims management covered by Accenture patent 7,013,284.") In summary, Guidewire is committed to demonstrating both the invalidity of Accenture's patent and the bad faith of its litigation against us.

So, what is Accenture's lawsuit really about?
Accenture's behavior gives the lie to their marketing stance that they are merely defending their intellectual property. Over the past 5 years, Guidewire has routinely defeated Accenture in the P&C claims system marketplace through fair competition, via a superior software solution, a dramatically lower implementation cost and total cost of ownership, and ­ most importantly ­ a growing base of customer success. In response, a global IT giant with billions of dollars of revenue, thousands of clients, hundreds of thousands of consultants, and decades of experience has chosen to play the victim. It is clearly Accenture's aim, Guidewire believes, to use the vast expense and disruption of litigation as a competitive weapon where their value proposition to the market has failed.

Why has Guidewire succeeded in the marketplace?
Guidewire's success in the P&C technology marketplace is indeed related to Accenture ­ but only in that Guidewire has striven to be the opposite of Accenture in every respect. At the company's founding in 2001, Guidewire's hypothesis was that the P&C industry was in dire need of alternatives to legacy technology vendors and consulting-based solutions such as Accenture's Claim Components. As a new entrant to the market, Guidewire consciously applied a development and implementation strategy utterly different than Accenture's: Guidewire develops complete, configurable applications (vs. Accenture's "components" custom tailored for each customer) Guidewire applications are designed to be upgradeable and all Guidewire customers are on the same upgrade path (vs. Accenture's custom development) Guidewire solicits continuous feedback for future releases from its customers through multiple channels including an annual User Group (vs. Accenture's pay-for-service client model) Guidewire development is centralized in its Silicon Valley headquarters (vs. Accenture's use of offshore and project-based development) Guidewire implementations involve small, elite teams of generally less than 6 on-site consultants (vs. Accenture's large on-site project teams) These strategic elements, combined with Guidewire's development quality and implementation success, are the true reason for Guidewire's success.

Why the suit hurts everyone, including Accenture
Accenture's suit is attempting to inflict substantial cost and disruption upon a company

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whose commitment to integrity and true innovation is continuously attested to by its customers, in their own words. However, the harms of Accenture's action go well beyond Guidewire. While spurious litigation is an unfortunate feature of business conduct today, it is uncharacteristic both of Accenture and of the P&C technology market. As Accenture's John del Santo has stated in the press, this suit represents their first foray into intellectual property litigation. This may explain why Accenture has not considered the damage they are doing to the industry they purport to serve: Threatening carriers to becoming potential defendants of patent infringement suits for their own claims systems; Compelling carriers to set aside additional reserves against intellectual property risk for all their systems and new IT initiatives; Generating new requirements for all technology firms to accept harsh indemnification terms and other legal protections to serve the insurance industry. In summary, utterly contrary to their own corporate message of nurturing innovation, Accenture's lawsuit sets a precedent sure to stifle it, should it succeed. Guidewire can only hope that, after spending millions on litigation instead of its own innovation, Accenture will realize how poorly it has served its own values.

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Eccleston, MedImmune: The Practical Implications

MedImmune: The Practical Implications * Lynn E. Eccleston **

The Supreme Court issued the long-awaited decision on Medimmune, Inc. v. Genentech, Inc., No. 05-608, on January 9, 2007. In an 8-1 decision authored by Justice Scalia, the Court held that the Federal Circuit's standard for declaratory judgment jurisdiction was too strict in cases that involved disputes between a patent holder and its licensee. Specifically, the Court held that the licensee need not "break or terminate its ... license agreement before seeking a declaratory judgment ... that the underlying patent is invalid, unenforceable or not infringed." (Slip Op. at 18) Justice Thomas was the lone dissenter; the majority had frequent footnote criticisms of the dissent going beyond the merits. The MedImmune Case Itself MedImmune had entered into a patent license agreement with Genentech but did so under protest and stated specifically that it was reserving its rights. MedImmune subsequently filed a declaratory judgment action, seeking to have the licensed patent declared invalid, unenforceable or not infringed. The district court had dismissed the declaratory judgment action, reluctantly concluding that it was compelled to do so by the Federal Circuit's decision in Gen-Probe v. Vysis, Inc., 359 F.3d 1376 (2004), which had held that a licensee cannot establish a case or controversy under Article III of the Constitution to satisfy the declaratory judgment statute because the license "obliterates any reasonable apprehension that the licensee will be sued for infringement." (Slip Op. at 3). The Federal Circuit affirmed and the Court granted certiorari.

This paper represents the personal views of the author and does not necessarily reflect the views of any colleague, organization or client thereof.
**

*

McGuireWoods LLP. [[email protected]]

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As an initial matter, the Court reaffirmed that the Declaratory Judgment Act, 28 U.S.C. § 2201(a), is constitutional. Relying on Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, (1937), the Court noted that the phrase "Case of actual Controversy" set forth in the Act refers to the type of Cases and Controversies that are justiciable under Article III. The Court went on to note that Aetna Life and its progeny have required that cases brought under the Act must be " `definite and concrete, touching the legal relations of parties having adverse legal interests and `admi[t] of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical states of facts.'" (Slip op. at 8 citing Aetna Life and Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 (1941)). The Court rejected the Federal Circuit's "reasonable apprehension of suit" test and its more recent "reasonable apprehension of imminent suit" test set forth in Teva Pharm USA, Inc. v. Pfizer, Inc., 395 F.3d 1324, 1333 (2005). (Slip Op. at 13 n.7; emphasis added by the Court). The Court then noted that in cases involving a private plaintiff and a governmental agency, the plaintiff is not required to expose itself to liability before bringing declaratory judgment suit. The Court further noted that the private plaintiff-governmental agency cases consistently hold that the private party need not have to choose between abandoning its rights and risking prosecution. (Slip Op. at 10, citing Abbott Labs. v. Gardner, 387 U.S. 136, 152 (1967)). While the Court noted that there were far fewer cases dealing with private litigants, those that did had similarly accepted jurisdiction and that the Court's decision in Altvater v. Freeman, 319 U.S. 59 (1943), was directly on point. In Altvater, the Court had held, in similar circumstances, that a licensee paying royalties under protest does not defeat jurisdiction under the Declaratory Judgment Act. (Slip Op. at 12 n.10.) While the Court declined to set forth a hard and fast rule for determining whether a particular case meets the justiciability requirements of Article III, it noted that the issue can be described in terms of "standing" or "ripeness." Under the "standing" analysis, the conflict is justiciable if the accused infringer is threatened with imminent injury in fact that can be fairly traceable to the challenged action of the patentee. Under the "ripeness" analysis, the issue turns on "whether there is sufficient `hardship to the parties in withholding court consideration' until there is [an] enforcement action." (Slip Op. at 9 n.8, quoting Abbott Labs. v. Gardner, 387 U.S. 136, 149 (1967)).
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Open Questions After MedImmune With the Court's rejection of the Federal Circuit's "reasonable apprehension of imminent suit" test that it quotes from Teva, MedImmune has implications in patent litigation that reaches far beyond the licenseelicensor situation. Warning Letters: First, MedImmune will affect declaratory judgment standing in instances where the patentee writes a warning/notice letter to an accused infringer. The patentee will need to craft that letter very carefully or be in jeopardy of finding itself a defendant in a patent litigation in a forum chosen by the accused infringer. Orange Book Disputes: It remains to be seen whether the Court's decision will be applicable to other declaratory judgment patent issues, including whether a generic company would be able to bring a declaratory judgment case against a branded company that declined to bring suit on patents listed in the Orange Book after the generic company had filed a Paragraph IV notice that it intended to seek approval for a generic version of the branded company's product. With the Court's rejection of the Federal Circuit's holding in Teva, a generic company that seeks to have a patented product approved will now be able to bring a declaratory judgment action against the branded company seeking to have the patents covering the product declared invalid or noninfringed. In Teva, the Federal Circuit had declined jurisdiction when the branded company had declined to bring suit against the generic company after the generic company had given notice that it intended to seek FDA approval for the branded patented product. What remains to be seen is what new test the Federal Circuit will implement in light of MedImmune.

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