PALO ALTO, Calif.--(Business Wire)--
OPTi Inc (OTCBB:OPTI) today announced that the United States District Court for
the Eastern District of Texas issued rulings in the ongoing patent infringement
action between OPTi Inc ("OPTi") and Apple Inc. ("Apple"). The rulings arise
from motions filed by both parties and argued before the court on April 2, 2009.
The rulings as issued on April 3, 2009 are:
- The court granted OPTi`s summary judgment motion that Apple`s accused products
infringe the patent at suit and denied Apple`s cross-motion for summary judgment
that its products do not infringe the patents-in-suit.
- The court denied Apple`s motion seeking summary judgment that OPTi was
entitled to no pre-suit damages for certain products. The Court ruled that
whether OPTi had given Apple proper notification of infringement on those
products is a question for the jury to decide.
- The court granted in part and denied in part Apple`s motion seeking to exclude
the opinions of OPTi`s damages expert. The court ruled that the facts in the
case do not support application of the entire market value rule, and that OPTi's
expert would be allowed to present to the jury the balance of the opinions that
were the subject of Apple's motion.
The trial of OPTi's claims against Apple is scheduled to begin on April 17,
2009.
On January 16, 2007, the Company announced that it filed a complaint against
Apple, in the Eastern District of Texas, for infringement of its U.S. patents
covering its "pre-snoop" technology. The patent currently at issue in the
lawsuit is U.S. patent No. 6,405,291, entitled "Predictive Snooping of Cache
Memory for Master-Initiated Accesses". The complaint alleges that Apple
infringes the patent by making, selling, and offering for sale various products
based on and incorporating Predictive Snooping technology. OPTi has requested a
jury trial in this matter. The Apple action itself is a part of the Company`s
strategy for pursuing its patent infringement claims relating to its Predictive
Snooping technology. Consequently, the outcome of the Apple case itself will
play a role in the Company`s strategy for pursuing its patent infringement
claims and the Company`s ability to realize licensing revenue from its
Predictive Snoop patents will be significantly affected if the litigation is not
successful. There can be no assurance of the extent to which the outcome of
these rulings will lead to positive results in the Apple case or the Company`s
overall licensing strategy.
Information set forth in this release constitutes and includes forward looking
information made within the meaning of Section 27A of the Security Act of 1933,
as amended and Section 21E of the Securities and Exchange Act of 1934, as
amended, that involve risks and uncertainties. The Company`s actual results
including the final outcome of its legal action against Apple and the success of
the Company`s strategy for pursuing its patent infringement claims may differ
significantly from the results discussed in the forward looking statements as a
result of a number of factors, including resolution of the remaining phases of
the Apple litigation and possible appeals, the Company`s ongoing efforts to
enforce its intellectual property rights including its current litigation
efforts, the willingness of the parties the Company believes are infringing its
patents to settle our claims against them, the amount of litigation costs the
Company must incur in pursuing its patent infringement claims, the degree to
which technology subject to our intellectual property rights is used by other
companies in the personal computer and semiconductor industries and our ability
to obtain license revenues from them, changes in intellectual property law in
such industries and in general and other matters. Readers are encouraged to
refer to "Factors Affecting Earnings and Stock Price" found in the Company`s
latest Form10-K and 10-Q filings with the Securities and Exchange Commission.
OPTi Inc
Bernard Marren, President & CEO, 650-213-8550
Michael Mazzoni, CFO, 650-213-8550
Copyright Business Wire 2009
