The Riverbed trial against Silver Peak that was scheduled for September of this year has been removed from the schedule and the judge has ordered: “The dates, if any, for the ‘Riverbed trial’ should be proposed by the parties for a second (later) trial.”
The separate Silver Peak trial against Riverbed remains as scheduled for March 2014, but Riverbed will have to wait until sometime later to (possibly?) have a trial against us pending the outcome of the United States Patent and Trademark Office (USPTO) reexamination of Riverbed patents.
Read the Stipulation to Amend Scheduling Order here:
Back in January of this year, we received notification that the USPTO was reexamining two Riverbed patents (7,428,573 & 7,849,134) and had rejected all of the claims in each patent that Riverbed has accused Silver Peak of infringing.
Silver Peak had requested the USPTO reexamine these patents that Riverbed alleges are infringed by Silver Peak. In its Office Action, the USPTO had stated these rejections “are being adopted essentially as proposed in the request for reexamination.”
These two patents are continuations of Riverbed’s very first patent and are related to Riverbed’s core deduplication technology.
Riverbed had previously dropped two additional patents from the same lawsuit, and in a November 1, 2012 letter to the judge in the case, Riverbed stated: “Given recent discovery in this case, and in an effort to pare down the scope for both the Court and the jury, Riverbed has determined to dismiss U.S. Patent Nos. 7,853,699 and 7,953,869 from the current litigation.”