Lawson Seeks Stay on ePlus Patent Injunction, Appeals Lower Court Decision
25 Mai 2011 - 6:15PM
Business Wire
Lawson Software (Nasdaq: LWSN) today announced that it is
seeking a stay from the Court of Appeals for the Federal Circuit of
the injunction issued by the U.S. District Court for the Eastern
District of Virginia in Lawson’s patent litigation with ePlus,
Inc.
The outcome of the ePlus patent litigation is not an express
condition of Lawson’s pending merger with GGC Software Holdings,
Inc., an affiliate of Infor and Golden Gate Capital, and is not
expected to delay the merger.
If granted a stay, Lawson may continue to service and support
all of its procurement products used with Requisitions Self-Service
(RSS). In January 2011, the jury found in favor of ePlus related to
Lawson’s S3 procurement system used with RSS. The core Lawson S3
procurement system (including Requisition, Purchase Order, and
Inventory Control modules) was found not to infringe.
On May 18, 2011, Lawson released its new Requisition Center
product, which replaces RSS. Lawson is making Requisition Center
available to all RSS customers free of charge and plans to help
customers make the transition to Requisition Center.
The ePlus patent litigation does not pertain to Lawson M3
e-Procurement products used outside the United States.
Lawson has also appealed the trial court’s grant of an
injunction and its judgment. Lawson intends to file post-judgment
motions seeking findings of noninfringement and invalidity. All of
ePlus’ asserted patents stand rejected at various stages of
reexaminations pending before the U.S. Patent and Trademark Office.
In addition, all five patent claims that the jury found infringed
have now been rejected by the United States Patent and Trademark
Office with the rejections of three of them having been affirmed by
the Board of Patent Appeals and Interferences.
About Lawson Software
Lawson Software is a global provider of enterprise software. We
provide business application software, maintenance and consulting
to customers primarily in specific services, trade and
manufacturing/distribution industries. We specialize in and target
specific industries including healthcare, services, public sector,
equipment service management & rental, manufacturing &
distribution and consumer products industries. Our software
solutions include Enterprise Financial Management, Human Capital
Management, Business Intelligence, Asset Management, Enterprise
Performance Management, Supply Chain Management, Service
Management, Manufacturing Operations, Business Project Management
and industry-tailored applications. Our applications help automate
and integrate critical business processes, which enable our
customers to collaborate with their partners, suppliers and
employees, reduce costs and enhance business or operational
performance. Lawson is headquartered in St. Paul, Minn., and has
offices around the world. Visit Lawson online at www.lawson.com.
For Lawson’s listing on the First North exchange in Sweden, Remium
AB is acting as the Certified Adviser.
Forward-Looking Statements
This press release contains forward-looking statements that
contain risks and uncertainties. These forward-looking statements
contain statements of intent, belief or current expectations of
Lawson and its management. Such forward-looking statements are not
guarantees of future results and involve risks and uncertainties
that may cause actual results to differ materially from the
potential results discussed in the forward-looking statements.
Risks and uncertainties that may cause such differences include but
are not limited to: the relief sought by Lawson with respect to the
judgment in the ePlus litigation might not be granted in whole or
in part; the risk that the pending merger with GGC Software
Holdings, Inc., an affiliate of Golden Gate Capital and Infor, may
not be completed on a timely basis, if at all; the risk that the
conditions to the consummation of the merger may not be satisfied;
the risk that the merger may involve unexpected costs, liabilities
or delays; the risk that expected benefits of the merger may not
materialize as expected; the risk that, prior to the completion of
the merger, Lawson's business may experience significant
disruptions, including loss of customers or employees, due to
transaction-related uncertainty or other factors; the fact that
legal proceedings that have been instituted and the possibility
that additional legal proceedings may be instituted against Lawson,
its directors and/or others relating to the merger and the outcome
of such proceedings; the possible occurrence of an event, change or
other circumstance that could result in termination of the merger
agreement; uncertainties in the software industry; uncertainties as
to when and whether the conditions for the recognition of deferred
revenue will be satisfied; increased competition; the impact of
foreign currency exchange rate fluctuations; changes in conditions
in Lawson's targeted industries; the outcome of pending litigation;
and other risk factors listed in Lawson's most recent Annual Report
on Form 10-K and subsequent Quarterly Reports on Form 10-Q filed
with the Securities and Exchange Commission. Lawson assumes no
obligation to update any forward-looking information contained in
this press release.
Additional Information and Where To Find It
On May 12, 2011, in connection with the merger, Lawson filed its
preliminary proxy statement with the Securities and Exchange
Commission (the "SEC") and will file its definitive proxy statement
with the SEC at a later date. Promptly after filing its definitive
proxy statement with the SEC, Lawson will mail the definitive proxy
statement and a proxy card to each stockholder entitled to vote at
the special meeting relating to the merger. INVESTORS AND SECURITY
HOLDERS OF LAWSON ARE URGED TO READ THE PRELIMINARY PROXY STATEMENT
AND AMENDMENTS OR SUPPLEMENTS THERETO AS WELL AS ANY OTHER RELEVANT
DOCUMENTS IN CONNECTION WITH THE MERGER THAT LAWSON WILL FILE WITH
THE SEC WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN
IMPORTANT INFORMATION ABOUT LAWSON AND THE MERGER. The preliminary
proxy statement (and the definitive proxy statement, and other
relevant materials in connection with the merger when they become
available), and any other documents filed by Lawson with the SEC,
may be obtained free of charge at the SEC's website at www.sec.gov.
In addition, investors and security holders may obtain free copies
of the documents filed with the SEC at Lawson's website,
www.lawson.com, or by contacting Investor Relations by phone at
651-767-4890, by email at investor@lawson.com or by mail at 380 St.
Peter Street, St. Paul, MN 55102. Detailed information regarding
the names, affiliations and interests of individuals who are
participants in the solicitation of proxies of Lawson's
stockholders is available in Lawson's preliminary proxy statement,
which was filed with the SEC on May 12, 2011.
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