According to a press release dated February 10, 2005, Foundry Networks(R), Inc. announced that plaintiffs have voluntarily dismissed their appeal of the judgment rendered in favor of Foundry Networks and certain of its officers in the shareholder class action entitled In re Foundry Networks Securities Litigation, pending in the Ninth Circuit Court of Appeals.

As previously reported in the Company’s FORM 10-Q for the quarterly period ended September 30, 2003, in December 2000, several similar shareholder class action lawsuits were filed against Foundry and certain of its officers in the United States Court for the Northern District of California, following Foundry’s announcement of its anticipated financial results for the fourth quarter ended December 31, 2000. The lawsuits were subsequently consolidated by the District Court, under the caption In re Foundry Networks, Inc. Securities Litigation, Master File No. C-00-4823-MMC, lead plaintiffs were selected as required by law and such plaintiffs filed a consolidated amended complaint which alleged violations of federal securities laws and purported to seek damages on behalf of a class of shareholders who purchased Foundry’s common stock during the period from September 7, 2000 to December 19, 2000. The Company then brought the first of four successful motions to dismiss the complaint. However, while the District Court granted each of the motions, it also provided plaintiffs leave to amend the complaint. On August 29, 2003 (after 4 prior dismissals with leave to amend) the District Court granted the Company motion to dismiss the case with prejudice and without leave to amend and, on September 2, 2003, entered judgment in favor of the Company, dismissing the plaintiff’s Fifth Amended Complaint. On September 29, 2003 plaintiff filed a Notice of Appeal of the judgment with the United States Court of Appeals for the Ninth Circuit, which has directed plaintiff to file its appeal brief by January 15, 2004

The original complaint stated that the company and certain of its officers and directors violated the federal securities laws by concealing and misrepresenting the problems it was experiencing due to the problems many of its customers were having raising money and the impact this was causing and would cause on Foundry's future revenue growth. The complaint alleges Foundry concealed this information so that the individual defendants could sell additional shares of their Foundry stock before the bottom fell out of Foundry's stock price. Thus, according to the complaint, defendants made positive but false statements about Foundry's business and future revenues during October and November 2000, artificially inflating the price of the company's stock during the class period.