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Riverbed Announces Developments in Litigation With Silver Peak

Stay lifted.

Riverbed Technology, Inc. announced that the stay in its patent infringement case against Silver Peak Systems, Inc. in the US District Court for the Northern District of California has been lifted following a failed re-examination effort by Silver Peak.

A trial date for the court to hear Riverbed’s claims against Silver Peak has not yet been set. Riverbed looks forward to prosecuting its infringement case against Silver Peak.

In addition, the US District Court for the District of Delaware, in response to post-trial motions on the litigation before that court, affirmed the jury’s findings from April but ruled against Silver Peak’s motion for a permanent injunction.

While we are pleased with the Court’s decision to deny Silver Peak’s request for an injunction, we respectfully disagree with the Court’s decision not to overturn the jury’s findings and we expect to prevail on appeal before the United States Court of Appeals for the Federal Circuit.

In the meantime, although the portion of the verdict that was upheld addresses only minor optional features in our RiOS software, and although we expect to prevail on appeal, Riverbed has elected to design non-infringing alternatives to these features. As a result, even if an injunction had been issued, there would be no impact to Riverbed’s ability to continue to manufacture, sell and maintain its SteelHead products.

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