Jury Trial Results In Patent Victory For Extreme Networks

Profession:McDermott Will & Emery

PALO ALTO, CA (May 30, 2008) — On Friday, May 30 a jury in the U.S. District Court for the Western District of Wisconsin awarded a complete victory to Firm client Extreme Networks, Inc. in a patent case filed against Enterasys Networks, Inc. The jury found that Enterasys Networks infringed all three of Extreme Networks' patents. The court also ruled in Extreme Networks' favor on Enterasys Networks' challenge to the validity of Extreme Networks' patents and entered summary judgment against Enterasys Networks on patents Enterasys asserted against Extreme Networks by counterclaim.

On April 20, 2007, Extreme Networks filed suit against Enterasys Networks in the "rocket docket" of the Western District of Wisconsin, alleging patent infringement relating to policy based quality of service in computer networks. Enterasys Networks filed a counterclaim for infringement of three of its own patents relating to network switches and routers against 17 of Extreme Networks' products. This was the second patent case filed between these two rivals; Enterasys Networks filed suit against Extreme Networks in Boston in 2005 asserting six different patents. The Boston case is stayed pending re-examination of the patents before the U.S. Patent and Trademark Office.

This jury victory follows a favorable claim construction ruling after which Enterasys Networks withdrew one of its asserted patents; the court also granted summary judgment in favor of Extreme Networks on Enterasys Networks' two remaining patents, finding no infringement.

The trial team, led by Terry McMahon, head of the Firm's global Intellectual Property, Media & Technology Department, Margaret Duncan, head of the Firm's Chicago IP practice, and David Larson also included Chris Bright, Dan Foster, supported by John Bisbikis, Krista Vink Venegas, Keith Stolte...

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