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PLUS...(researcher59)...It's intersesting that a spokesman from Ariba said the case could be settled before the damages phase, which was suppose to start today. The case will be appealed ONLY if a settlement is not reached. If you read the article below, it almost seems like Ariba wants to avoid the appeal.
Researcher59, Glad to see you made some profit. I sold off a few shares yesterday and ended up buying them back @ $15. There's just something about ePlus' continued share buyback program that tells me this company is or will be worth a lot more than they're trading for.
Here's the article from the Pittsburgh Tribune Review....

Damages phase of Ariba trial to begin

By Michael Yeomans
TRIBUNE-REVIEW
Wednesday, February 9, 2005

Ariba Inc. lost a patent infringement jury trial to a much smaller competitor on Monday that could expose it to as much as $294 million in a damages phase of the trial expected to begin today.
Ariba, based in Sunnyvale, Calif., acquired FreeMarkets Inc. in July and maintains its largest cluster of employees -- about 500 -- Downtown, where it recently replaced the FreeMarkets name with an Ariba sign atop One Oliver Plaza at Sixth Avenue and Smithfield Street.

The suit, brought by Herndon, Va.-based ePlus Inc. in the U.S. District Court for the Eastern District of Virginia, claims Ariba violated three patents with three of its products regarding the searching of online catalogs from different vendors to compare products and features.

Ariba spokesman Kevin Brooks said the case could be settled before the damages phase begins but said a settlement is not guaranteed. Brooks said Ariba disagrees with the jury's findings, and absent a settlement, Ariba said it intends to appeal. In the meantime, the company is updating its software to bypass the "alleged infringement."

Brad Whitt, an analyst at RBC Capital Markets in Toronto, said the suit will not affect Ariba's financial performance or business fundamentals, although he said a large award by the judge in the trial could cause the company's stock price to fall further.

Ariba said ePlus claims damages of $76 million to $98 million, which the judge has the discretion to triple based on the jury's finding that Ariba willingly infringed ePlus patents.

Ariba stock fell $1.71, or about 17 percent Tuesday, to close at $8.04. This follows a 32 percent drop on Feb. 1, after the company reported a larger-than-expected first-quarter loss of nearly $10 million.

Brooks of Ariba said the reaction of investors to the uncertainty brought on by the trial verdict is likely behind yesterday's share price decline.

ePlus acquired the patents in question in 2001 when it bought Procurenet Inc. It hinted shortly afterward that it would seek to sue those it determined were in violation of the patents.

ePlus Senior Vice President Kley Parkhurst declined comment until the trial's damages phase is complete.

http://www.pittsburghlive.com/x/tribune-review/business/s_301733.html