SOURCE: Aruba Networks, Inc.

May 20, 2008 06:00 ET

Symbol Patent Related to Overlapping Coverage of Multiple Wireless LANS to Be Reexamined at Aruba Networks' Request

Patent Office Finds "Substantial Question" Regarding the Validity of Symbol Technologies' Asserted Patent

SUNNYVALE, CA--(Marketwire - May 20, 2008) - Aruba Networks, Inc. (NASDAQ: ARUN), a global leader in wireless LANs and secure unified mobility solutions, today announced that the United States Patent and Trademark Office has granted Aruba's request for a reexamination of a patent Symbol Technologies is asserting against Aruba in a lawsuit filed in the federal district court in Delaware. In its Order granting Aruba's request, the Patent Office agreed that the prior art submitted by Aruba raises "a substantial new question of patentability" regarding claims of the patent, U.S. Patent No. 7,173,922.

Symbol Technologies, a wholly owned subsidiary of Motorola, was granted the patent on February 6, 2007, and, surprisingly, asserted it against Aruba without advanced notification immediately preceding Aruba's Q4 2007 earnings conference call in August 2007. Aruba subsequently filed a counterclaim on the basis that Symbol's patent is invalid, and also requested that the Patent Office re-examine the patent based on substantial prior art unearthed by Aruba. The Patent Office has now agreed to do so.

In addition to the Order granting reexamination, the Patent Office issued an Office Action rejecting 36 of the patent's 45 claims as invalid, including all independent claims, which Symbol stated to the court are the claims it is asserting against Aruba. Symbol will have an opportunity to submit a response to the Office Action, and Aruba will have an opportunity to submit a reply to any such response. After these submissions, if any, the Patent Office will finalize its ruling regarding U.S. Patent No. 7,173,922 in light of the substantial new questions of patentability raised by Aruba's request.

Requests for reexamination, like the one filed by Aruba, are often successful in having the subject patent either changed or completely revoked. Symbol itself admitted in a recent court filing that approximately 76% of patents subject to reexamination are either changed or cancelled.

"We are very pleased with the Patent Office's decision to reexamine the patent Symbol Technologies is attempting to use in an inappropriate and unjustified manner against us," said Keerti Melkote, Aruba's head of products and partnerships. "This is the first step towards ending Symbol's aggressive assertion of this patent, which we believe would never have been issued by the Patent Office had it known of the prior art that we submitted as part of our reexamination request."

About Aruba Networks

People move. Networks must follow. Aruba securely delivers networks to users, wherever they work or roam. Our unified mobility solutions include Wi-Fi networks, identity-based security, remote access and cellular services, and centralized multi-vendor network management to enable the Follow-Me Enterprise that moves in lock-step with users:

--  Follow-Me Connectivity: Adaptive 802.11a/b/g/n Wi-Fi networks optimize
    themselves to ensure that users are always within reach of mission-critical
--  Follow-Me Security: Identity-based security assigns access policies to
    users, enforcing those policies whenever and wherever a network is
--  Follow-Me Applications: Remote access solutions and cellular network
    integration ensure uninterrupted access to applications as users move;
--  Follow-Me Management: Multi-vendor network management provides a
    single point of control while managing both legacy and new wireless
    networks from both Aruba and its competitors.

The cost, convenience, and security benefits of our unified mobility solutions are fundamentally changing how and where we work. Listed on the NASDAQ and Russell 2000® Index, Aruba is based in Sunnyvale, California, and has operations throughout the Americas, Europe, Middle East, and Asia Pacific regions. To learn more, visit Aruba at

© 2008 Aruba Networks, Inc. AirWave®, Aruba Networks®, Aruba Mobility Management System®, Bluescanner, For Wireless That Works®, Mobile Edge Architecture, People Move. Networks Must Follow., RFProtect, The All Wireless Workplace Is Now Open For Business, and The Mobile Edge Company® are trademarks of Aruba Networks, Inc. All rights reserved. All other trademarks are the property of their respective owners.

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