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Visto Awarded Permanent Injunction and Damages in Patent Case Against SEVEN Networks


Court Fines SEVEN with Double Damages and Attorney Fees for the Willful Infringement of Visto’s Patents

Redwood City, Calif., December 20, 2006: The U.S. District Court for the Eastern District of Texas has issued its final judgment awarding Visto Corporation double damages (a total of $7.7M) plus costs and attorneys’ fees for SEVEN Networks’ willful infringement of Visto’s patented intellectual property. The opinion follows a ruling from the jury on April 28, 2006 that SEVEN willfully infringed on the system that Visto created over a decade ago. The judge also granted a permanent injunction against SEVEN Networks, which will be stayed pending appeal.

“Justice has been served. Today’s decision heralds a victory for true innovation and for lawful invention, whether it is conceived by a large corporation or by a passionate few toiling in the dim lights of a garage,” said Brian Bogosian, Visto’s Chairman, President and CEO. “SEVEN's unlawful misappropriation of Visto’s technology has been uncovered for what it is: a flagrant violation of our property rights. We hope that all responsible entities will respect the decision of the Court and not support the unlawful behavior of those who would deliberately misuse the inventions of others.”

SEVEN Networks was found guilty in April of this year of violating claims from three separate patents Visto brought to trial. At that time, the jury awarded Visto damages at a royalty rate equivalent to 19.75% of SEVEN’s infringing products’ revenue, or about $3.6 million. In the Court’s opinion issued yesterday, it moved to double these damages (plus interest) and awarded Visto $7.7 million. In addition, the Court also awarded the reimbursement of Visto’s legal fees, which is expected to increase substantially the total damage award.

“We are very pleased with the judge’s decision, although this case was never about monetary damages for Visto”, said Daniel Méndez, Co-Founder, EVP and Chief Technology Officer. “It was, and is, about protecting the rights of inventors and ensuring that innovative mobile email products remain accessible to all consumers around the world. Without the protection enshrined in the US Constitution and embodied in the Patent system, there would be a lack of incentive for technology innovators, ultimately resulting in higher costs, compromised quality and stalled progress. We will continue to protect and expand the technology used by mobile operators all over the world to bring mobile email to the mass market.”

The patents at issue in the case:

  • U.S. Patent No. 6,085,192 titled, “System And Method For Securely Synchronizing Multiple Copies Of A Workspace Element In A Network”
  • U.S. Patent No. 6,023,708, titled “System And Method For Using A Global Translator To Synchronize Workspace Elements Across A Network”
  • U.S. Patent No. 6,708,221 titled, “System And Method For Globally And Securely Accessing Unified Information In A Computer Network”

About Visto
Visto delivers the leading global platform for mobile operators to provide easy-to-use wireless push email to the broadest set of mobile devices. Visto’s open solution enables email for the mass market, targeting enterprises, small businesses mobile professionals and consumers. The company’s patented Visto Mobile™ platform with ConstantSync™ technology works in real time with POP3, IMAP, Microsoft Exchange and Lotus Domino email solutions for personal to business use, providing maximum control and flexibility for the operator and choice for the customer. Visto’s customized, brandable solutions are available through mobile operators worldwide including Cingular, Elisa, Rogers Wireless, SmarTone, SFR, Softbank Mobile, Sprint-NEXTEL, TELUS Mobility, Turkcell and the Vodafone Group.

Established in 1996 and headquartered in Redwood Shores, California, with offices in Seattle, Toronto, London, Milan, Paris, Madrid, Munich, Tokyo, Beijing and Tianjin, China, Visto is backed by Oak Investment Partners, Draper Fisher Jurvetson, Meritech Capital Partners, DFJ ePlanet Ventures, DFJ Growth Fund, Rustic Canyon Ventures, GKM and Blueprint Ventures. For more information, visit www.visto.com or email sales@visto.com.


©Copyright 2008.
Visto Corporation, Visto, the Visto logo, Visto Mobile, ConstantSync, Constant Synchronization and worklife.freedom are either trademarks or registered trademarks of Visto Corporation. All third-party trademarks, trade names, or service marks are the property of their respective owners and are used only to refer to the goods or services identified by those third-party marks. Visto's technology is protected by U.S. Patents 7,228,383; 7,225,231; 7,039,679; 6,085,192; 5,968,131; 6,023,708; 5,961,590; 6,131,116; 6,151,606; 6,233,341; 6,131,096, 6,708,221 and 6,766,454 and various other foreign patents. Other patents pending.

All third-party trademarks, trade names, or service marks used herein are the property of their respective owners and are used only to refer to the goods or services identified by those third-party marks.