United States: Jury Trial Results in Significant IP Victory for Extreme Networks
Last Updated: May 12 2005

PALO ALTO, CA (May 11, 2005) — On Monday, May 9, 2005, a Delaware jury ruled in favor of McDermott Will & Emery client Extreme Networks, Inc. defeating claims by Lucent Technologies of infringement on four of five patents. The jury awarded nominal damages of $274,990 to Lucent on its only remaining claim for a feature that was removed from Extreme Networks' products over a year and half ago. The verdict of this two-week jury trial came after two years of litigation in which Lucent at the beginning of the trial was seeking approximately $25 million in damages, which fell to $16.4 million following additional court rulings adverse to Lucent. The jury's award amounted to approximately 1/100th of the damages Lucent sought at the beginning of the jury trial.

In May 2003, Lucent sued Extreme Networks Inc. and Foundry Networks Inc. over five patents for managing communications data. The suit contended that Extreme Networks and Foundry Networks were developing and selling equipment that contained Lucent's claimed inventions for organizing voice and data transmissions, congestion control, network security and broadcasting. The jury's verdict was an overwhelming vindication for Extreme Networks.

Led by Terry McMahon, head of the Firm's West Coast IP practice, the McDermott trial team representing Extreme Networks and trying the case in Delaware included partners Vera Elson and Behrooz Shariati of the Firm's Silicon Valley office; Daniel Foster and Chris Bright of the Orange County office; and associates Firasat Ali and Arturo Sandoval, as well as Karen Jacobs-Louden, partner in the local law firm of Morris, Nichols, Arsht & Tunnell. The plaintiff, Lucent Technologies, was represented by Kirkland & Ellis LLP.

Extreme Networks is a leader in open converged networks. Its innovative network architecture provides Enterprises and Metro Service Providers with the resiliency, adaptability and simplicity required for a true converged network that supports voice, video and data, over a wired and wireless infrastructure, while delivering high-performance and advanced security features. For more information, visit http://www.extremenetworks.com/.

Lucent Technologies designs and delivers the systems, services and software that drive next-generation communications networks. For more information on Lucent Technologies, a global supplier of communications networking equipment, visit http://www.lucent.com/.

McDermott Will & Emery's Intellectual Property, Media & Technology Department includes more than 175 lawyers and patent agents working in all of our offices throughout the world. We are renowned for our trial and appellate experience, and are ranked as one of the strongest IP litigation firms for both plaintiffs and defendants.

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