Sybase 365 Notes U.S. Patent & Trademark Office's Initial Rejection of All Claims in TCS '748 Patent on Multiple Grounds of Anti

Sybase 365, a subsidiary of Sybase, Inc. (NYSE:SY), the global leader in mobile messaging and mobile commerce, today announced its intention to vigorously defend the two patent infringement lawsuits recently filed by Telecommunications Systems, Inc. (TCS), in the Eastern District of Virginia.

Sybase 365 is confident that it will succeed in defeating TCS' assertions in both of these new lawsuits and that the new lawsuits will not impact the conduct of its business.

In one of the cases, TCS alleges infringement of its U.S. patent number 6,891,811 and 7,358,990 without identifying specific Sybase 365 products or services. At some point, TCS will have to identify the specific Sybase 365 products or services that are alleged to infringe.

In the other case, TCS alleges infringement of its U.S. patent # 7,430,425 and identifies SMS Exchange as the allegedly infringing product. The complaint recites that the '425 patent issues from the same initial patent application that is the subject of other ongoing litigation between the parties (U.S. Patent # 6,985,748) and involves the same systems and equipment as in the earlier case.

Importantly, in a reexamination proceeding filed by Sybase 365, the U.S. Patent & Trademark Office, on August 4, 2009, issued a notice initially rejecting all of the claims of the '748 patent, to which the '425 patent is directly related. The claims were rejected on multiple grounds of anticipation and obviousness. Issues relating to the '748 litigation are currently on appeal. However, TCS has chosen not to appeal a civil contempt order issued against it, in which the Court found that TCS had violated the Court's protective order.

About Sybase 365

Sybase 365, a subsidiary of Sybase, Inc. (NYSE: SY), is the global leader in enabling mobile information services for mobile operators, financial institutions and enterprises. We provide our customers with the widest offering in SMS, MMS and GRX interoperability, end-to-end mobile commerce solutions, innovative text messaging, mobile marketing and content delivery services. Sybase 365 processes more than one billion messages per day, reaching 800 operators and 3.4 billion subscribers around the world. For more information, visit:www.sybase.com/365 [1]. Read Sybase blogs: http://blogs.sybase.com [2].

Forward-Looking Statements

Certain statements in this release concerning Sybase 365 and its prospects and future events are forward-looking and involve a number of uncertainties and risks. Factors that could cause actual events or results to differ materially from those suggested by these forward-looking statements include, but are not limited to, actions of the patent and trademark office, Sybase 365's successful appeal of existing litigation and the defense of newly initiated litigation; and other factors described in Sybase, Inc.'s reports filed with the U.S. Securities and Exchange Commission, including its annual report on Form 10-K for the year ended December 31, 2008 and its quarterly report on Form 10-Q for the three-month period ended March 31, 2009.