Mark Shavlik, president and CEO, Shavlik Technologies issued the following statement: 

"In 2007, PatchLink (now Lumension Security) filed a patent infringement lawsuit against Shavlik Technologies.  In defense, Shavlik responded that it did not infringe any claim of PatchLink’s patent and asked the U.S. Patent & Trademark Office to reexamine this patent based on information that PatchLink clearly withheld from the Patent Office.  The Patent Office granted Shavlik’s request stating the withheld information created “a substantial new question of patentability” as to all claims of PatchLink’s patent.   

Shavlik Technologies is pleased to announce that, as a result of this reexamination, the Patent Office rejected all PatchLink claims.  Contrary to Lumension’s press release on this matter, the Patent Office has not 'recertified' any of the patent claims.  Rather, the Patent Office has announced its intent to issue a reexamination certificate only after PatchLink agreed to cancel several claims and substantially narrow all remaining claims.   

If PatchLink decides to pursue litigation after the stay is lifted, Shavlik Technologies intends to vigorously defend itself by asserting, among other things, that it did not infringe PatchLink’s patent claims before reexamination, and it does not infringe the more narrow claims that will emerge from reexamination.  Additionally, we believe the Patent Office’s rejection of the claims as originally filed based on the withheld information should make PatchLink’s entire patent unenforceable. "