eBay and Tumbleweed
Resolve Patent Dispute
SAN JOSE and REDWOOD CITY, CA- January 5, 2004 -eBay
Inc. (NASDAQ:EBAY) and Tumbleweed Communications Corp.
(NASDAQ: TMWD), today jointly announced they had agreed to settle the patent
lawsuit initially
filed by Tumbleweed against PayPal and eBay on May 7, 2002
and September 5, 2002 respectively. The companies agreed to dismiss the
pending lawsuit,
including PayPal’s counterclaims, and have entered into a patent
cross-licensing agreement, the terms of which were not
disclosed.
“We are pleased to be able to put our differences behind us,” said
Jeffrey C. Smith, Tumbleweed’s CEO and Chairman. “Our bigger
opportunity is to work cooperatively with eBay in combating e-commerce
fraud,” he added.
“With this lawsuit behind us, we look forward to working with Tumbleweed
and others in the industry to develop effective email security solutions,
including anti-phishing technology,” said Howard Schmidt, eBay’s
Chief Information Security Officer.
About Tumbleweed Communications Corp.
Tumbleweed is a leading provider of mission-critical Internet communications
software products for enterprises, financial services organizations and government.
By making Internet communications secure, reliable and automated, Tumbleweed's
email firewall, secure file transfer, secure email, and identity validation
solutions help customers significantly reduce the cost of doing business.
Tumbleweed products are used by millions of end-users and tens of thousands
of corporations. Tumbleweed customers include ABN Amro, Bank of America Securities,
Catholic Healthcare West, JP Morgan Chase & Co., The Regence Group (Blue
Cross/Blue Shield), Society for Worldwide Interbank Financial Telecommunication
(SWIFT), St. Luke's Episcopal Healthcare System, the US Food and Drug Administration,
and the US Navy and Marine Corps. Tumbleweed Communications was founded in
1993 and is headquartered in Redwood City, Calif. For additional information
about Tumbleweed go to www.tumbleweed.com or call 650-216-2000.
Safe Harbor Statement
Except for the historical information contained
herein, the matters discussed in this press release
may constitute forward-looking statements that involve
risks and uncertainties that could cause actual results
to differ materially from those projected, particularly
with respect to the patent portfolios, and the enforcement
thereof, belonging to eBay Inc. and Tumbleweed Communications
Corp. and the future anti-fraud and security initiatives
of eBay Inc. and Tumbleweed Communications Corp.
In some cases, forward-looking statements can be
identified by terminology such as "may," "will," "should," "potential," "continue," "expects," "anticipates," "intends," "plans," "believes," "estimates," and
similar expressions. For further cautions about the
risks of investing in Tumbleweed, we refer you to
the documents Tumbleweed files from time to time
with the Securities and Exchange Commission, particularly
Tumbleweed's Form 10-K filed June 4, 2003, Form 10-Q
filed November 14, 2003, and Form S-3/A filed December
19, 2003. More information about factors that could
affect eBay Inc.’s operating results is included
in the company’s most recent annual report
on Form 10-K and quarterly reports on Form 10-Q,
copies of which may be obtained by visiting the company’s
investor relations site at http://investor.ebay.com.
Neither Tumbleweed nor eBay assumes any obligation to update information
contained in this press release, including for example its guidance
regarding future performance, which represents the each company's respective
expectations only as of the date of this release and should not be viewed
as a statement about such company's expectations after such date. Although
this release may remain available on either company's website or elsewhere,
its continued availability does not indicate that either company is
reaffirming or confirming any of the information contained herein.
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Contact:
Atomic PR
James Hannon
415-703-9454
james@atomicpr.com