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 PTO re-examine all four patents based, among other things, on substantial prior art unearthed by Aruba. The PTO agreed to do so.
Requests for re-examination, like the ones filed by Aruba, are often successful in having the subject patent either changed or completely revoked. Motorola itself admitted in a court filing in 2008 that approximately 76% of patents subject to re-examination are either changed or cancelled. "This is the fourth favorable preliminary report in a row from the PTO. We look forward to further proceedings at the PTO, as we advance toward final resolution of these matters," said Michael Attaya of Cesari and McKenna LLP, Aruba's patent counsel.
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's 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. Today's preliminary finding provides support to Aruba's counterclaim of inequitable conduct by Symbol in its prosecution of this patent.
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.
© 2009 Aruba Networks, Inc. AirWave®, Aruba Networks®, Aruba Mobility Management System®, Bluescanner, For Wireless That Works®, Mobile Edge Architecture, People Move. Networks Must Follow., The All-Wireless Workplace Is Now Open For Business, 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. 7,173,923 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.
Media Contacts Michael Tennefoss Aruba Networks, Inc. +1-408-754-8034 Email Contact Patty Oien Breakaway Communications +1-415-358-2482 Email Contact