Sybase Continues to Assert Vertica’s Infringement of Sybase Patents

Sybase, Inc, (NYSE: SY) today responded to Vertica Systems' press release, issued January 14, regarding Sybase’s lawsuit against Vertica for infringement of United States Patent No. 5,794,229. In its press release, Vertica incorrectly states that Sybase has admitted that Vertica's architecture does not infringe the above-referenced patent.

To the contrary, Sybase continues to assert that Vertica is infringing Sybase's patent under a proper construction of the patent's claims. Vertica has acknowledged in a joint stipulation filed with the United States District Court for the Eastern District of Texas on January 4, 2010 that Sybase intends to appeal the preliminary claim construction order that was issued in the case to the U.S. Court of Appeals for the Federal Circuit, if and when the District Court issues a final ruling ordering the same constructions. This joint stipulation, which the court accepted, stays all deadlines in the litigation in order to allow the court to issue a final claim construction order. This procedure will facilitate an expeditious appeal of the District Court's preliminary construction of the patent, with which Sybase respectfully disagrees.

Sybase has also filed a second lawsuit against Vertica, asserting that Vertica infringes Sybase’s U.S. Patent No. 5,794,228. This lawsuit is proceeding in the United States District Court for the Northern District of California.

About Sybase, Inc.

Sybase is an industry leader in delivering enterprise and mobile software to manage, analyze and mobilize information. We are recognized globally as a performance leader, proven in the most data-intensive industries and across all major systems, networks and devices. Our information management, analytics and enterprise mobility solutions have powered the world’s most mission-critical systems in financial services, telecommunications, manufacturing and government. For more information, visit http://www.sybase.com.

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