Appeals Court Affirms Patent Infringement Rulings Against Emptoris

Ariba, Inc. (Nasdaq: ARBA), the leading provider of on-demand spend management solutions, today announced that the Court of Appeals for the Federal Circuit affirmed the judgment entered by the Texas District Court in January 2009 that the electronic sourcing product of Emptoris, Inc. infringes two Ariba patents (U.S. Nos. 6,499,018 and 6,216,114) (the ‘018 and ‘114 patents). The Federal Circuit also affirmed the validity of the ‘018 and ‘114 patents.

The Federal Circuit’s decision left undisturbed the injunction entered by the trial court that permanently prohibits Emptoris from selling versions of its sourcing products that infringe the ‘018 and ‘114 patents. The Court’s decision also leaves in place the jury’s finding that Emptoris’ infringement of the ‘114 patent was willful, thus entitling Ariba to an enhanced damages award against Emptoris. Some of the evidence supporting the willfulness finding included conduct committed by the Emptoris CEO and other Emptoris executives. The total amount now owed to Ariba under the judgment is $7 million.

"We are pleased with today's decision, as it not only affirms the strength and breadth of Ariba’s intellectual property portfolio, but makes clear that no other vendor can provide the comprehensive features and functionality needed to help companies manage their costs, risk and cash that Ariba delivers," said David Middler, Senior Vice President and General Counsel, Ariba.

About Ariba, Inc.

Ariba, Inc. is the leading provider of on-demand spend management solutions. Our mission is to transform the way companies of all sizes, across all industries, and geographies operate by delivering technology, service, and network solutions that enable them to holistically source, contract, procure, pay, manage, and analyze their spend and supplier relationships. Delivered on demand, our enterprise-class offerings empower companies to achieve greater control of their spend and drive continuous improvements in financial and supply chain performance. More than 1,000 companies, including more than half of the companies on the Fortune 100, use Ariba solutions to manage their spend from sourcing and orders through invoicing and payment. For more information, visit www.ariba.com.

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Safe Harbor Statement under the Private Securities Litigation Reform Act 1995: Information and announcements in this release involve Ariba's expectations, beliefs, hopes, plans, intentions or strategies regarding the future and are forward-looking statements that involve risks and uncertainties. All forward-looking statements included in this release are based upon information available to Ariba as of the date of the release, and we assume no obligation to update any such forward-looking statements. These statements are not guarantees of future performance and actual results could differ materially from our current expectations. Factors that could cause or contribute to Ariba's operating and financial results to differ materially from current expectations include, but are not limited to: the impact of the credit crises on Ariba’s results of operations and financial condition; delays in development or shipment of new versions of Ariba's products and services; lack of market acceptance of Ariba's existing or future products or services; inability to continue to develop competitive new products and services on a timely basis; introduction of new products or services by major competitors; the ability to attract and retain qualified employees; difficulties in assimilating acquired companies, long and unpredictable sales cycles and the deferrals of anticipated orders; declining economic conditions, including the impact of a recession; inability to control costs; changes in the company's pricing or compensation policies; significant fluctuations in our stock price; the outcome of and costs associated with pending or potential future regulatory or legal proceedings; the impact of our acquisitions, including the disruption or loss of customer, business partner, supplier or employee relationships; and the level of costs and expenses incurred by Ariba as a result of such transactions. Factors and risks associated with its business, including a number of the factors and risks described above, are discussed in Ariba's Form 10-K filed with the SEC on November 25, 2009.