|[January 08, 2013]
Riverbed Technology Issues Comment Regarding USPTO Reexamination
SAN FRANCISCO --(Business Wire)--
Riverbed (News - Alert) Technology (NASDAQ: RVBD), the performance company, today
commented on the decision by the United States Patent and Trademark
Office (USPTO) to grant reexamination requests for two Riverbed patents,
U.S. Pat. Nos. 7,428,573 and 7,849,134. Silver Peak (News - Alert) Systems, Inc., which
is being sued by Riverbed for infringing both of these patents as well
as an additional patent, had earlier announced the USPTO action.
"Reexamination requests are often made, as they were in this instance,
by parties accused of infringing the subject patents. And the USPTO has
historically granted well over 90% of these reexamination requests,
meaning this initial action has become somewhat routine," said Brett
Nissenberg, Riverbed's general counsel and senior vice president. "It is
not surprising that Silver Peak's announcement today failed to mention
that Silver Peak still faces the patent infringement trial this
September, and the start of USPTO proceedings will have no bearing on
the trial's outcome or the validity of the patents at the trial.
Unfortunately, Silver Peak's most creative efforts seem to be
concentrated in PR and blogging rather than its products."
Riverbe's lawsuit against Silver Peak, which was originally filed by
Riverbed in June 2011 in the United States District Court for the
District of Delaware, is scheduled for trial in September 2013. At the
trial, Riverbed intends to seek a permanent injunction against Silver
Peak's infringement of Riverbed's pioneering technology.
About Riverbed Technology
Riverbed delivers performance for the globally connected enterprise.
With Riverbed, enterprises can successfully and intelligently implement
strategic initiatives such as virtualization, consolidation, cloud
computing, and disaster recovery without fear of compromising
performance. By giving enterprises the platform they need to understand,
optimize and consolidate their IT, Riverbed helps enterprises to build a
fast, fluid and dynamic IT architecture that aligns with the business
needs of the organization. Additional information about Riverbed
(NASDAQ: RVBD) is available at www.riverbed.com.
Forward Looking Statements
This press release contains forward-looking statements, including
statements relating to the litigation with Silver Peak and the
reexamination before the USPTO. These forward-looking statements involve
risks and uncertainties, as well as assumptions that, if they do not
fully materialize or prove incorrect, could cause our results to differ
materially from those expressed or implied by such forward-looking
statements. More information about these and other risks that may impact
Riverbed's business are set forth in our documents filed with or
furnished to the Securities and Exchange Commission, including our Form
10-Q filed with the SEC (News - Alert) on October 25, 2012. All forward-looking
statements in this press release are based on information available to
us as of the date hereof, and we assume no obligation to update these
Riverbed and any Riverbed product or service name or logo used herein
are trademarks of Riverbed Technology, Inc. All other trademarks used
herein belong to their respective owners.
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