Check Point - SofaWare Legal Battle

SofaWare Legal Battle

SofaWare Technologies was founded in 1999, as a cooperation between Check Point and SofaWare's founders, Adi Ruppin and Etay Bogner, with the purpose of extending Check Point from the enterprise market to the small business, consumer and branch office market. SofaWare's co-founder Adi Ruppin said that his company wanted to make the technology simple to use and affordable, and to lift the burden of security management from end users while adding some features. In 2001 SofaWare began selling firewall appliances under the SofaWare S-Box brand; in 2002 the company started selling the Safe@Office and Safe@Home line of security appliances, under the Check Point brand. By the fourth quarter of 2002 sales of SofaWare's Safe@Office firewall/VPN appliances had increased greatly, and SofaWare held the #1 revenue position in the worldwide firewall/VPN sub-$490 appliance market, with a 38% revenue market share.

Relations between Check Point and the SofaWare founders went sour after the company acquisition in 2002. In 2004 Etay Bogner, co-founder of SofaWare, sought court approval to file a shareholder derivative suit, claiming Check Point was not transferring funds to SofaWare as required for its use of SofaWare's products and technology. His derivative suit was ultimately successful, and Check Point was ordered to pay SofaWare 13 million shekels for breach of contract. In 2006 the Tel Aviv District Court Judge ruled that Bogner SofaWare could sue Check Point by proxy for $5.1 million in alleged damage to SofaWare. Bogner claimed that Check Point, which owned 60% of Sofaware, had behaved belligerently, and withheld monies due for use of SofaWare technology and products Check Point appealed the ruling, but lost.

In 2009 the Israeli Supreme Court ruled that a group of founders of SofaWare, which includes Bogner, had veto power over any decision of SofaWare. The court ruled that the three founders could exercise their veto power only as a group and by majority rule.

In 2011 Check Point settled all litigation relating to SofaWare. As part of the settlement it acquired the SofaWare shares held by Bogner and Ruppin, and began a process of acquiring the remaining shares, resulting in SofaWare becoming a wholly owned subsidiary.