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| December 7, 2009 09:13 AM EST | Reads: |
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GraphOn Corporation (OTCBB: GOJO), a leading worldwide developer of server-based application publishing and Web-enabling software solutions, announced today that it has prevailed in a lawsuit wherein Juniper alleged that GraphOn infringed one of Juniper’s patents.
The lawsuit, filed by Juniper in March 2009, alleged that GraphOn and one of GraphOn’s resellers infringed Juniper’s recently acquired U.S. Patent No. 6,243,752 (“the ‘752 Patent”). On October 9, 2009, GraphOn filed a motion for summary judgment providing clear evidence that GraphOn does not infringe the ‘752 patent or that the ‘752 patent is invalid. After Juniper’s second request for additional time to respond was denied by the court, Juniper failed to oppose GraphOn’s motion for summary judgment. Instead, on November 18, 2009, Juniper unilaterally moved to dismiss the lawsuit and issued a covenant not to sue GraphOn and related parties for infringement of the ‘752 patent, effectively ending the lawsuit.
On November 24, 2009, the court granted Juniper’s motion to dismiss the lawsuit based on Juniper’s covenant. GraphOn has informed the court of its intention to seek costs as the prevailing party and to ask the court to declare Juniper’s lawsuit an exceptional case, allowing the court to award GraphOn its attorney’s fees and expenses because Juniper knew or should have known that the ‘752 patent was either not infringed or was invalid at the time the suit was filed.
Two separate lawsuits alleging that Juniper infringes GraphOn patents continue to be active in United States District Court in the Eastern District of Texas.
The first, filed by GraphOn in August 2007, alleges that Juniper infringes U.S. Patent Nos. 5,826,014 and 6,061,798 that protect GraphOn’s fundamental network security and firewall technologies. The trial has been scheduled to begin July 6, 2010.
The second, filed by GraphOn in May 2009 in United States District Court in the Eastern District of Virginia and subsequently transferred to the Eastern District of Texas, alleges that Juniper infringes U.S. Patent Nos. 7,249,378; 7,269,847; 7,383,573; and 7,424,737 that also protect GraphOn’s fundamental network security and firewall technologies. No trial date has been set.
Both suits allege that certain of Juniper’s firewall and router products infringe on the cited GraphOn patents. Both suits seek at a minimum damages and fees.
“We are very pleased with the outcome of the Virginia lawsuit,” said Robert Dilworth, GraphOn’s chief executive officer. “Timely resolution of the infringement complaint made by Juniper was expected and allows GraphOn to direct its attention and energy to maximizing the value of the patents involved in GraphOn’s remaining disputes with Juniper.”
About GraphOn
GraphOn Corporation is a publicly-traded company headquartered in Santa Cruz, California. For over two decades, GraphOn has been an innovator of cost-effective, advanced solutions that help customers access applications from anywhere. GraphOn’s high-performance software provides fast remote access, cross-platform connectivity, and a centralized architecture that delivers a dramatically lower cost of ownership. The company’s solutions run under Microsoft (MSFT) Windows, Linux and UNIX, including Sun (JAVA) Solaris, IBM AIX, Hewlett-Packard (HPQ) HP-UX, and others. For more information, call 1.800.GRAPHON or visit www.graphon.com.
This press release contains statements that are forward looking as that term is defined by the United States Private Securities Litigation Reform Act of 1995. These statements are based on current expectations that are subject to risks and uncertainties. Actual results will differ due to factors such as shifts in customer demand, product shipment schedules, product mix, competitive products and pricing, technological shifts and other variables. Readers are referred to GraphOn's most recent periodic and other reports filed with the Securities and Exchange Commission.
GraphOn and GO-Global are registered trademarks of GraphOn Corp. All other trademarks belong to their respective owners.
Published December 7, 2009 Reads 1,040
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