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U.S. International Trade Commission Delivers Final Ruling on Trend Micro’s Patent Infringement Lawsuit Against Fortinet
Cease-and-desist order prohibits Fortinet from importing and selling FortiGate™ products in the U.S.Cupertino, CA – August 9, 2005 – Trend Micro, Inc. (TSE: 4704, NASDAQ: TMIC), a global leader in antivirus and content security, announced that the U.S. International Trade Commission yesterday issued a final ruling in Trend Micro’s patent infringement lawsuit against Fortinet, ordering the Sunnyvale, CA-based company to stop advertising, distributing, importing, and selling FortiGate™ products in the United States.
The final ruling follows an initial determination issued by the ITC judge in May finding, after a six-day trial, that Fortinet’s FortiGate antivirus firewall appliance products infringe valid claims of Trend Micro’s U.S. patent 5,623,600. The patent covers virus scanning at a server, such as a gateway or appliance, before data is received by a client computer.
The ITC’s order is subject to review by the President of the United States for the next 60 days, during which time Fortinet must post a 100 percent bond for the declared value
of all patent-infringing products that are imported or sold in the United States. After the 60-day executive review period, Fortinet and its channel will be prohibited from selling all FortiGate products in the United States. For more information on the final ruling, visit http://www.usitc.gov/
Trend Micro was the first company to extend antivirus protection from the desktop to gateways and servers, and the patent – co-authored by the company’s CEO Eva Chen in 1997 – reflects and protects these vital technical advances.
“The ITC ruling further validates the strength of the ‘600 patent and underscores the lasting value of this vital technology to customers and the industry,” said Carolyn Bostick, Trend Micro’s corporate vice president and general counsel. “This legal victory also confirms Trend Micro’s role as an industry innovator.”
Trend Micro, headquartered in Tokyo, Japan, was founded in 1988. It has been delivering gateway- and server-based solutions since 1996. Today the company is the leader in global market share for server-based antivirus solutions. The company has business units worldwide, and its products are sold through corporate and value-added resellers and managed service providers.
About Trend Micro Incorporated
Trend Micro Incorporated is a pioneer in secure content and threat management. Founded in 1988, Trend Micro provides individuals and organizations of all sizes with award-winning security software, hardware and services. With headquarters in Tokyo and operations in more than 30 countries, Trend Micro solutions are sold through corporate and value-added resellers and service providers worldwide. For additional information and evaluation copies of Trend Micro products and services, visit our Web site at www.trendmicro.com.
