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Borland Responds To WebGain Press Release.


Business Editors

SCOTTS VALLEY, Calif.--(BUSINESS WIRE)--Aug. 2, 2001

Questions Basis for WebGain's Conclusion That Borland's Patent

Infringement Claims Are Without Merit

Reiterates Willingness to Negotiate a Patent License Agreement

Borland Software Corporation (company) Borland Software Corporation - A company that sells a variety of PC software development and database systems. Borland was founded in 1983 and initially became famous for their low-cost software, particularly Turbo Pascal, Turbo C, and Turbo Prolog.  (Nasdaq NM: BORL), a leading provider of e-business implementation platform solutions, today refuted recent assertions made by WebGain regarding Borland's patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  suit against the company and reiterated Borland's willingness to negotiate a patent license agreement with WebGain.

Dale L. Fuller, president and chief executive officer of Borland, said, "After reading WebGain's somewhat bewildering be·wil·der  
tr.v. be·wil·dered, be·wil·der·ing, be·wil·ders
1. To confuse or befuddle, especially with numerous conflicting situations, objects, or statements. See Synonyms at puzzle.

2.
 press release, we feel compelled to set the record straight. WebGain alleges that third-party industry "experts" it engaged conducted a "thorough" analysis of the Borland patents at issue and concluded that WebGain's products do not infringe our patents. It is apparently on that basis that WebGain has concluded that Borland's patent infringement claims are without merit.

"We find it interesting that WebGain's "experts" were able to thoroughly review all of the identified patents, obtain and review the patents' prosecution histories as on file with the U.S. Patent & Trademark Office and compare such patents against the relevant WebGain products to apparently reach this sweeping conclusion in less than a week - the amount of time that elapsed e·lapse  
intr.v. e·lapsed, e·laps·ing, e·laps·es
To slip by; pass: Weeks elapsed before we could start renovating.

n.
 between our initial letter to WebGain identifying the patents at issue and their filing for a declaratory judgment declaratory judgment

In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that
 against us. What's more, WebGain's attempt to portray Borland as the litigious litigious adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish  party is disingenuous dis·in·gen·u·ous  
adj.
1. Not straightforward or candid; insincere or calculating: "an ambitious, disingenuous, philistine, and hypocritical operator, who ... exemplified ...
. As they are well aware, federal court rules required us to file patent infringement counterclaims to respond to their request for a declaratory judgment action, or be precluded from bringing our claims at all," Mr. Fuller continued.

Prior to filing its compulsory patent infringement counterclaims against WebGain, Borland repeatedly requested that WebGain provide Borland with evidence of non-infringement or negotiate the terms of a patent license agreement. WebGain refused all such requests. In addition, Borland repeatedly offered to make a number of Borland's senior executives available to meet with WebGain to negotiate the terms of a patent license agreement. Again, WebGain refused Borland's requests for such a meeting.

Mr. Fuller concluded, "We are disappointed that WebGain has chosen this litigious path, despite our continued good faith efforts to pursue an equitable resolution through a licensing agreement with them. Borland has been a leader in the creation of state of the art development tools since the company was founded 18 years ago. Our ability to develop superior technology and superior products, such as JBuilder(TM), is a key component of our competitive strategy. We would prefer not to focus our resources on legal action, but we have made a considerable investment in our patent portfolio, and we must and will protect our intellectual property."

About Borland

Borland is a leading provider of high performance e-business platform solutions, including JBuilder(TM) 5, Borland's award-winning rapid application development environment for creating business, database and distributed applications based on the Java 2 Platform Java 2 Platform - Java 2 Platform, Standard Edition , designed to increase developer productivity and reduce time to market for software projects for the enterprise. E-business platform solutions consist of software products that allow businesses to develop, deploy and manage e-business applications. Borland is the vendor of choice for professional e-business solution providers who demand a vendor-independent platform that supports rapid time to market, high productivity, performance and availability. Founded in 1983, Borland is headquartered in Scotts Valley, California Scotts Valley is a small city located in eastern Santa Cruz County, California, United States, about ten miles (16 km) south of San Jose and six miles (10 km) north of the beach in the upland slope of the Santa Cruz Mountains. As of the 2000 census, the city population was 11,385. , with operations worldwide. Borland currently has nearly 100 patents in its intellectual property portfolio. To learn more, visit Borland at http://www.Borland.com/, the community site at http://community.Borland.com or call Borland at (800) 632-2864.

All Borland brand and product names are trademarks or registered trademarks of Borland Software Corporation, formerly known as Inprise Corporation Inprise Corporation - Borland Software Corporation. , in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  and other countries. Other names mentioned herein may be trademarks of the party using such names. This release contains "forward-looking statements" as defined under the Federal Securities Laws, including the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. All statements that are not historical are forward-looking. Forward-looking statements may relate to, but are not limited to, the outcome of any legal action, the costs and expenses incurred in defending or asserting any legal action and any future licensing revenue to be derived from any patent infringement action brought by Borland.

Such forward-looking statements are based on current expectations that involve a number of uncertainties and risks that may cause actual events or results to differ materially. Factors that could cause actual events or results to differ materially are detailed from time to time in Borland's periodic reports filed with the Securities and Exchange Commission, including, but not limited to, its latest Annual Report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 and its latest Quarterly Report on Form 10-Q Form 10-Q

See 10-Q.
, copies of which may be obtained from www.sec.gov. Borland is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events or otherwise.
COPYRIGHT 2001 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Date:Aug 2, 2001
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