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U.S. Patent & Trademark Office Issues a Preliminary Report Rejecting Majority of Claims of a Second Patent Asserted Against Aruba Networks by Motorola
Wednesday, February 18, 2009
Second Favorable USPTO Ruling in February for Aruba
Aruba Networks, Inc. (Nasdaq: ARUN), a global leader in wireless LANs and secure mobility solutions, today announced that the U.S. Patent & Trademark Office issued a preliminary re-examination report rejecting twelve of fourteen claims of Patent No. 6,625,454, which was asserted against Aruba Networks by Motorola in 2007. If finalized, the report announced today would narrow the scope of the Motorola patent, invalidate all of the claims in the patent actually asserted against Aruba, and nullify any claims for damages from past infringement of the invalidated claims.
Motorola originally asserted four patents -- two from its Wireless Valley division and two from its Symbol Technologies division -- against Aruba with no advance notice immediately preceding Aruba's fiscal fourth quarter 2007 earnings conference call in August 2007. Aruba subsequently filed counterclaims and also requested that the Patent Office re-examine all four patents based, among other things, on substantial prior art unearthed by Aruba. The Patent Office agreed to do so.
On February 11th, Aruba announced that the Patent Office had issued a preliminary report rejecting all of the claims in Patent No. 6,973,622; if that preliminary ruling is made final, the USPTO's decision would invalidate that entire patent. If finalized, the subsequent report announced today would dramatically reduce the scope of the second Motorola patent to be re-examined. As in the prior case, the new Patent Office report relied heavily on Wireless Valley's own User Manual, which predated its patent application by over twelve months and which Wireless Valley failed to provide in full to the Patent Office. The two other re-examinations requested by Aruba and agreed to by the Patent Office are still pending.
"For the second time in the month of February, the USPTO has issued an action that is very favorable to Aruba," said Mike Reinemann of Cesari and McKenna, patent counsel to Aruba. "The preliminary ruling finds that the great majority of claims in Patent No. 6,625,454 are unpatentable, and the two surviving claims are not at issue in the case. We look forward to receiving initial rulings from the Patent Office in the pending re-examinations of Motorola's other two patents."
In September 2008 Aruba filed a patent infringement countersuit against Motorola, Symbol, and Wireless Valley. The countersuit alleges that Motorola (and its subsidiaries) infringe two of Aruba patents related to managing wireless computer networks and network security. The first asserted patent was assumed by Aruba as part of its acquisition of AirWave Wireless, Inc., while the second asserted patent was issued to Aruba in May 2008. Aruba is seeking a permanent injunction against use of its patented technologies, as well as monetary damages for infringing use.
About Aruba Networks
People move. Networks must follow. Aruba securely delivers networks to users, wherever they work or roam. Our mobility solutions enable the Follow-Me Enterprise that moves in lock-step with users:
- Adaptive 802.11a/b/g/n Wi-Fi networks optimize themselves to ensure that users are always within reach of mission-critical information;
- Identity-based security assigns access policies to users, enforcing those policies whenever and wherever a network is accessed;
- Remote networking solutions ensure uninterrupted access to applications as users move;
- Multi-vendor network management provides a single point of control while managing both legacy and new wireless networks from Aruba and its competitors.
The cost, convenience, and security benefits of our secure mobility solutions are fundamentally changing how and where we work. Listed on the NASDAQ and Russell 2000® Index, Aruba is based in Sunnyvale, California, and has operations throughout the Americas, Europe, Middle
East, and Asia Pacific regions. To learn more, visit Aruba at http://www.arubanetworks.com.
AirWave®, Aruba Networks®, Aruba Mobility Management System®, Bluescanner, For Wireless That Works®, Mobile Edge Architecture, People Move. Networks Must Follow., RFProtect, Green Island, and The Mobile Edge Company® are trademarks of Aruba Networks, Inc. All rights reserved. All other trademarks are the property of their respective owners.
This press release contains forward-looking statements, including statements relating to our expectations regarding (1) the likelihood that U.S. Patent and Trademark Office's preliminary re-examination report rejecting all claims of Patent No. 6,973,622 will become final and the possible effect of such finalization; (2) the pending litigation between Motorola and Aruba Networks, including the potential effect of this preliminary re-examination report on said litigation; and (3) other statements as to the Patent Office's re-examination of all four patents originally asserted by Motorola.
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