Federal Judge Upholds Infringement Verdict Against Riverbed

Federal Judge Upholds Infringement Verdict Against Riverbed

Federal Judge Upholds Infringement Verdict Against RiverbedSilver Peak today announced that a federal judge has upheld a jury’s verdict in favor of Silver Peak Systems, Inc. against Riverbed Technology, Inc. (RVBD)

A jury in Delaware federal court found in April that Riverbed directly and contributorily infringes Silver Peak’s U.S. Patent No. 7,945,736 (“the ’736 patent”), that Riverbed induced infringement of Silver Peak’s U.S. Patent No. 7,948,921 (“the ’921 patent”), and that the ’921 patent was not invalid.  The court had previously granted summary judgment of direct infringement of the ’921 patent by Riverbed.

Today, addressing post-trial motions, the United States District Court Judge denied all of Riverbed’s challenges to the jury’s verdict.  He found that Silver Peak had presented sufficient evidence to show that Riverbed’s RiOS and Steelhead devices are infringing the Silver Peak patents.

While Silver Peak’s motion for permanent injunction based on the jury’s verdict was not granted, the court noted that the evidence necessary to show irreparable harm caused by Riverbed’s infringement was not available, likely because damages discovery has not yet occurred.  Such evidence is required to obtain a permanent injunction.  The court indicated that Silver Peak may renew its motion after further discovery.

“We are gratified that the court upheld the verdict in Silver Peak’s favor,” said David Hughes, CEO of Silver Peak.  “In our view, this ruling further demonstrates Silver Peak’s rightful position as an innovator in the industry.”

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