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3/19/2009
02:57 PM
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Shavlik Technologies Responds To Lumension Security Lawsuit

Maintains it did not infringe PatchLink's patent claims and says Patent Office has rejected the claims

St. Paul, MN (March 18, 2009) — Shavlik Technologies, LLC, the market leader in delivering software solutions that simplify and automate critical IT operations, today responded to a press release from Lumension Security regarding patent litigation between the parties that is currently stayed.

Mark Shavlik, president and CEO, Shavlik Technologies issued the following statement:

"In 2007, PatchLink (now Lumension Security) filed a patent infringement lawsuit against Shavlik Technologies. In defense, Shavlik responded that it did not infringe any claim of PatchLink's patent and asked the U.S. Patent & Trademark Office to reexamine this patent based on information that PatchLink clearly withheld from the Patent Office. The Patent Office granted Shavlik's request stating the withheld information created "a substantial new question of patentability" as to all claims of PatchLink's patent.

Shavlik Technologies is pleased to announce that, as a result of this reexamination, the Patent Office rejected all PatchLink claims. Contrary to Lumension's press release on this matter, the Patent Office has not 'recertified' any of the patent claims. Rather, the Patent Office has announced its intent to issue a reexamination certificate only after PatchLink agreed to cancel several claims and substantially narrow all remaining claims.

If PatchLink decides to pursue litigation after the stay is lifted, Shavlik Technologies intends to vigorously defend itself by asserting, among other things, that it did not infringe PatchLink's patent claims before reexamination, and it does not infringe the more narrow claims that will emerge from reexamination. Additionally, we believe the Patent Office's rejection of the claims as originally filed based on the withheld information should make PatchLink's entire patent unenforceable. "

About Shavlik Technologies Shavlik Technologies, LLC is the market leader in the simplification of complex enterprise network configuration, compliance and security. Shavlik's solutions support an organization's need for an automated and continual process for preventing, detecting, and removing critical security threats from corporate networks while maintaining policy-driven security configurations.

Shavlik enables enterprises to simplify complex IT security and compliance management, providing trustworthy solutions that free up critical IT resources to focus on innovations that drive business growth while lowering costs. Shavlik also licenses its technology to leading security and technology companies such as BMC, Juniper, Sophos, Symantec and VMware. For more information, visit Shavlik Technologies at www.shavlik.com.

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