SOURCE: Sky Technologies LLC

October 31, 2007 08:57 ET

Sky Technologies' Patent Litigation Case Against Ariba Set for Trial

Ariba Loses Effort to Dismiss

BOSTON, MA--(Marketwire - October 31, 2007) - A Massachusetts Federal District Court Judge yesterday denied Ariba, Inc.'s (NASDAQ: ARBA) request for summary judgment in a patent infringement lawsuit brought by Boston-based Sky Technologies, sending the case to a jury trial on December 3, 2007 in Federal District Court for the District of Massachusetts.

Sky Technologies alleges several of Ariba's Spend Management software products willfully infringe Sky's patents. The company expects accumulated damages will approximate $40 million at trial; it is seeking treble damages, costs and attorneys' fees, as well as an injunction against future sales of these products. The dispute between the parties began in October 2005, when Ariba filed a declaratory judgment action against Sky in the same Federal District Court. Two attempts to mediate the dispute have been unsuccessful.

In September 2007, Ariba announced a definitive agreement to acquire privately held Procuri, Inc., a fast-growing provider of on-demand supply management solutions, for $100 million. On October 19, Sky filed a separate patent infringement suit against Procuri in the Federal District Court for the Eastern District of Texas.

Sky Technologies successfully reached a landmark settlement with IBM in a similar patent infringement lawsuit, in April 2006. Under terms of the settlement, IBM acknowledged the validity of Sky's patents, and also licensed Sky's groundbreaking Online Negotiation technology. A patent infringement lawsuit by Sky against i2 Technologies of Dallas, was settled in 2005 which resulted in i2 also taking a license to Sky's patents and technology.

Sky is represented by Steve Susman and Lexie White, of SusmanGodfrey LLP in Houston, TX.

About Sky Technologies

Sky Technologies LLC is an intellectual property licensing firm based in Boston. The company holds a portfolio of eight issued United States Patents for a variety of online negotiation processes, and licenses rights to these patents. The company also licenses intellectual property associated with software that implements the patents.

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