Barracuda defends open source AV from Trend, where is the calvary?

For those who don't know, Barracuda is involved in a wicked patent fight with Trend Micro over the use of Clam AV gateway anti-virus. It seems according to a 1995 patent issued to Trend Micro, they claim that virtually all gateway AV that removes viruses as they move through a SMTP or FTP proxy servers are covered under this patent. Barracuda uses the popular, open source Clam AV product in their appliances and Trend says their use violates the patent.  Evidently this little tiff has been going on for some time, with Trend filing a complaint with the US International Trade Commission in addition to the conventional law suits. Trend also claims that their position here is well established and several previous suits and claims have been upheld including a settlement with Fortinet (does Fortinet use Clam AV too?).

My position is that this is a perfect case of why so much of this patent  stuff is just full of beans.  How can Trend have a patent on gateway AV. If they do why are they wasting time piddling around with the likes of Barracuda.  Why don't they go after the big boys like Symantec or McAfee? Something tells me there is a reason why Trend does not.  Either they are not as confident in their claim as they make out to be or Symantec and McAfee know something that the rest of us don't.  Maybe they have proof of prior use before the patent was filed. 

Many in the open source community including Richard Stallman (no surprise there) and Eben Moglen of the Software Freedom Law Center have joined in to support Barracuda in this legal battle.  Barracuda is in fact very much painting this as an attack on open source and looking to the community for support.  Trend for their part says that this is not about open source or even Clam AV, it is about filtering virus pursuant to the techniques they patented.  Again, my view is I don't think Barracuda is doing anything different than other ClamAV users.  Though Trend's claims may go to all gateway AVs, clearly this is about Barracuda using Clam and about Clam. 

So here is my question: Why haven't we heard from the owners of ClamAV. Sourcefire bought them in August I thought.  This could effect them as much as anyone. They are big supporters of open source and as a public company can bring resources to bear on this.  Why has Marty, Wayne and gang been silent on this.  I would think they should be leading the charge here and standing up for their product.  Leaving Dean Drako and Barracuda to fight this fight on behalf of the Clam community is not fair and also could have repercussions down the road to Sourcefire without them being involved. Is it that Barracuda is not paying for their use of Clam?  I don't know what the answer is but it will be interesting how this plays out.