Ariba, Inc. (Nasdaq:ARBA), the leading spend management solutions provider, today announced that it has prevailed in a patent litigation suit against Emptoris, Inc. Yesterday, a jury in the U.S. District Court for the Eastern District of Texas returned a verdict that Emptoris has willfully infringed an Ariba patent covering key functions for electronic auctions and found infringement on a second patent also pertaining to electronic auctions. The jury awarded Ariba $4.9 million in damages. Due to the finding of willful infringement of one of the patents, the court has discretion to increase the award related to that patent up to three times.
In addition, Emptoris voluntarily filed a request to dismiss with prejudice its own patent infringement case against Ariba which was pending in the same court in exchange for Ariba´s agreement to dismiss its counterclaims in that case. The judge has granted this request and dismissed the action against Ariba in its entirety.
The verdict against Emptoris came at the end of a seven–day trial that began on October 20. Ariba initiated the suit in April 2007, asserting that Emptoris infringed its 6,499,018 and 6,216,114 patents covering, respectively, the use of individual bid ceilings and certain auction overtime rules in electronic auctions. In its verdict, the jury rejected Emptoris´s claim that Ariba´s patents were invalid.
"As the creator and leader of the spend management space, Ariba has deep intellectual property that enables us to provide world–class solutions to customers around the globe," said David Middler, Senior Vice President and General Counsel, Ariba. "This verdict is a testament to the strength of our patented innovations in electronic auctions and sourcing and affirms our efforts to vigorously defend them against infringement."
The court will next consider Ariba´s request for a permanent injunction prohibiting Emptoris from using the patented technologies within its solutions and Ariba´s request to enhance the damage award due to the jury´s willfulness finding. The court will also consider Emptoris´ post–trial motions seeking to attack the verdict. A briefing schedule for these matters has been set for November. Emptoris may attempt to appeal any and all findings of the court
About Ariba, Inc.
Ariba, Inc. is the leading provider of spend management solutions to help companies realize rapid and sustainable bottom line results. Successful companies around the world in every industry use Ariba Spend Management TM software and services. Ariba can be contacted in the U.S. at 1.650.390.1000 or at www.ariba.com.
Copyright © 1996 - 2008 Ariba, Inc.
Ariba, the Ariba logo, AribaLIVE and SupplyWatch are registered trademarks of Ariba, Inc. Ariba Spend Management, Ariba Spend Management. Find it. Get it. Keep it., Ariba. This is Spend Management, Ariba Solutions Delivery, Ariba Analysis, Ariba Buyer, Ariba Category Management, Ariba Category Procurement, Ariba Contract Compliance, Ariba Contracts, Ariba Contract Management, Ariba Contract Workbench, Ariba Data Enrichment, Ariba eForms, Ariba Electronic Invoice Presentment and Payment, Ariba Invoice, Ariba Sourcing, Ariba Spend Visibility, Ariba Travel and Expense, Ariba Procure–to–Pay, Ariba Workforce, Ariba Supplier Network, Ariba Supplier Connectivity, Ariba Supplier Performance Management, Ariba PunchOut, Ariba QuickSource, PO–Flip, Ariba Settlement, Ariba Spend Management Knowledge Base, Ariba Ready, Ariba Supply Lines, Ariba Supply Manager, Ariba LIVE and It´s Time for Spend Management are trademarks or service marks of Ariba, Inc. All other trademarks are property of their respective owners.
Ariba Safe Harbor
Safe Harbor Statement under the Private Securities Litigation Reform Act 1995: Information and announcements in this release involve Ariba´s expectations, beliefs, hopes, plans, intentions or strategies regarding the future and are forward–looking statements that involve risks and uncertainties. All forward–looking statements included in this release are based upon information available to Ariba as of the date of the release, and we assume no obligation to update any such forward–looking statements. These statements are not guarantees of future performance and actual results could differ materially from our current expectations. Factors that could cause or contribute to Ariba´s operating and financial results to differ materially from current expectations include, but are not limited to: the impact of the credit crises on Ariba´s results of operations and financial condition; delays in development or shipment of new versions of Ariba´s products and services; lack of market acceptance of Ariba´s existing or future products or services; inability to continue to develop competitive new products and services on a timely basis; introduction of new products or services by major competitors; the ability to attract and retain qualified employees; difficulties in assimilating acquired companies, including Procuri which Ariba acquired on December 17, 2007; long and unpredictable sales cycles and the deferrals of anticipated orders; declining economic conditions; inability to control costs; changes in the company´s pricing or compensation policies; significant fluctuations in our stock price; the outcome of and costs associated with pending or potential future regulatory or legal proceedings; the impact of our acquisitions, including the disruption or loss of customer, business partner, supplier or employee relationships; and the level of costs and expenses incurred by Ariba as a result of such transactions. Factors and risks associated with its business, including a number of the factors and risks described above, are discussed in Ariba´s Form 10–Q for the third quarter ended June 30, 2008.
