Sandvine Provides Update On Litigation Activity
Waterloo, Canada; July 8, 2016 – Sandvine Corporation, (TSX:SVC) a leading provider of intelligent network policy control solutions for fixed and mobile operators, today provided an update on litigation activity related to claims for alleged patent infringement filed by Packet Intelligence L.L.C (“PIL”).
Sandvine has filed an Amended Answer and Counterclaims in respect of the complaint brought by PIL in the United States District Court for the Eastern District of Texas in which it denies PIL’s claims of infringement. Sandvine’s Amended Answer and Counterclaims focus on the following two areas:
- Sandvine believes that it has uncovered evidence that the technology in respect of which PIL claims rights was embedded or included within a product called MeterFlow® that was on sale in the United States more than a year before the provisional application for the patents in question was filed on June 30, 1999. If this is established, the subject patents would be invalid; and
- Sandvine believes that it has uncovered evidence to suggest that during the course of the application process for the subject patents, there were steps taken to mislead or deceive the United States Patent and Trademark Office with respect to the timing of when the technology in question was commercially available in the United States, in breach of the applicant’s duty of disclosure. Consequently, Sandvine has requested an inequitable conduct remedy.
If Sandvine is successful in proving either of these issues, its remedy will be a dismissal of the case with prejudice. In the event of a finding of inequitable conduct, Sandvine may be entitled to an award of fees against PIL and possibly its attorneys.
Sandvine has been forwarded a copy of an e-mail distributed by PIL to an external party suggesting that PIL has filed a separate claim in Mannheim, Germany alleging patent infringement that Sandvine understands is substantially similar to the complaint filed in the Eastern District of Texas. Sandvine has yet to be served a copy of such claim but is in the process investigating and assessing it.
Sandvine’s network policy control solutions add intelligence to fixed, mobile and converged communications service provider networks to enable services that can increase revenue and reduce network costs. Powered by Sandvine’s Policy Engine and SandScript policy language, Sandvine’s networking equipment performs end-to-end policy control functions including traffic classification, and policy decision and enforcement across the data, control and business planes. Sandvine’s products provide actionable business insight, the ability to deploy new subscriber services and tools to optimize traffic while enhancing subscriber Internet quality of experience.
Sandvine’s network policy control solutions are deployed in more than 250 networks in over 90 countries, serving hundreds of millions of data subscribers worldwide, www.sandvine.com.
+1 519 880 2400 ext. 3503
Certain statements in this release constitute forward-looking statements or forward-looking information within the meaning of applicable securities laws ("forward-looking statements") and are made pursuant to the “safe harbour” provisions of such laws. Statements related to Sandvine’s technology and the value it will continue to bring to its customers, and Sandvine’s investigation and defence of the patent infringement claim by PIL, are forward looking statements, as are any statements relating to future events, conditions or circumstances. Readers are cautioned not to place undue reliance upon any such forward-looking statements. Such forward-looking statements involve both known and unknown risks and uncertainties, assumptions and other factors that may cause the actual results, performance or achievements of Sandvine to differ materially from the results, performance, achievements or developments expressed or implied by such forward-looking statements. These risks, uncertainties and assumptions include, without limitation, risks associated with continued market acceptance of Sandvine’s products; the introduction of competing products that better meet the needs of customers or changing industry standards; Sandvine’s rights to its intellectual property; the possibility that Sandvine’s products infringe the intellectual property rights of third parties; the potential exposure of Sandvine to a judgment for damages, royalties and injunctive relief precluding the sale or licensing of Sandvine’s products that materially affect Sandvine’s business, operating results and financial condition; and other factors including, but not limited to, the factors and assumptions discussed in the section entitled “Risk Factors” in Sandvine’s Annual Information Form dated January 7, 2016 filed with the Ontario Securities Commission and other securities commissions across Canada. Forward-looking statements are based on management’s current plans, estimates, projections, beliefs and opinions, and Sandvine does not undertake any obligation to update forward-looking statements should assumptions related to these plans, estimates, projections, beliefs and opinions change, except to the extent required by applicable law.