A Delaware jury delivered a verdict Tuesday in favor of Silver Peak in a trial in which Silver Peak asserted infringement of two of its patents against Riverbed (Nasdaq: RVBD). Silver Peak intends to seek a permanent injunction against the features of Riverbed’s RiOS and Steelhead devices covered by the Silver Peak patents – “SDR-Adaptive,” as well as “Enhanced Auto-Discovery” when used in combination with “Full Transparency.”
The jury in the United States District Court for the District of Delaware found that one Silver Peak patent – U.S. Patent No. 7,945,736 – was directly infringed under the Doctrine of Equivalents and was also contributorily infringed by Riverbed. The validity of that patent was not challenged at trial. The jury also found that Riverbed induced infringement of a second Silver Peak patent – U.S. Patent No. 7,948,921 – and rejected an invalidity challenge to that patent. The court had previously granted summary judgment of direct infringement of that patent by Riverbed.
Riverbed initiated the litigation in 2011. The asserted claims of two of the patents originally asserted by Riverbed were invalidated in inter partes reexamination before the United States Patent and Trademark Office, and Riverbed’s claims have been stayed by the court while those decisions are being appealed.
“We are gratified that the jury weighed the evidence carefully and ruled in Silver Peak’s favor,” said David Hughes, Silver Peak CEO. “Silver Peak prefers to compete in the marketplace, rather than in the courthouse. But if challenged, we are obviously willing to fight back.”
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