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| ARUN > SEC Filings for ARUN > Form 8-K on 6-Nov-2009 | All Recent SEC Filings |
6-Nov-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibit
On November 4, 2009, Aruba Networks, Inc., a Delaware corporation (the "Company"), entered into a Patent Cross License and Settlement Agreement (the "Settlement Agreement") with Motorola, Inc., a Delaware corporation, and its affiliates, including Symbol Technologies, Inc., Wireless Valley Communications, Inc., and AirDefense, Inc. (collectively "Motorola"). Pursuant to the Settlement Agreement, the Company and Motorola agreed to:
• jointly execute and file dismissals of patent infringement actions brought in the United States District Court for the District of Delaware involving United States Patent Nos. 7,173,922; 7,173,923; 6,973,622; 6,625,454; and 7,359,6767,295,524 and 7,376,113; and
• release one another of all claims; and
• provide one another with seven year licenses to each of their respective
802.11 Wireless LAN patent portfolios; and
• covenant not to assert any patent claims against one another's current products and commercially reasonable extensions thereof for four years.
As part of the Settlement Agreement, the Company agreed to pay Motorola $19,750,000. The Company will account for this payment as a one-time expense for the fiscal first quarter ended October 31, 2009.
On November 4, 2009, the Company and Motorola entered into a Letter Agreement related to the procedures that the parties must follow in the event that there is a claim made by either party related to the patents described in the Settlement Agreement as they relate to third parties with which either party is currently in active litigation.
On November 6, 2009, the Company issued a press release announcing the settlement. The text of the release is set forth in the attached Exhibit 99.1.
Exhibit No. Description
10.1 Patent Cross License and Settlement Agreement dated November 4, 2009
10.2 Letter Agreement dated November 4, 2009
99.1 Press Release dated November 6, 2009
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