Markman ruling on all claims for OPTi vs Apple in less than 2 weekes !
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Feb 21, 2011 10:59AM
OPTi Receives Ruling in Markman Hearing in Patent Infringement Action Against Apple Inc.
Palo Alto, CA., December 5, 2008 – OPTi Inc (OTCBB:OPTI) today announced that the United States District Court for the Eastern District of Texas issued a ruling in the ongoing patent infringement action between OPTi Inc (“OPTi”) and Apple Inc. (“Apple”). The ruling arises from a special proceeding required under U.S. patent law called a “Markman hearing,” where both sides present their arguments to the court as to how they believe certain terms at issue in the lawsuit should be interpreted.
The Markman hearing was held on November 26, 2008. The court ruled that OPTi had prevailed on all claims construction against Apple and rejected Apple’s counter arguments. With the Markman rulings in the Apple, NVIDIA Corporation and Advanced Micro Devices, Inc. cases, OPTi has now prevailed on all claim interpretation relevant to the Apple litigation.
The trial date for the case against Apple is scheduled for early April 2009. If OPTi prevails at trial, the Company is requesting a reward for damages for the infringement of its technology and for reimbursement of its litigation expenses.
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 two patents currently at issue in the lawsuit are U.S. patent No. 5,710,906 and U.S. patent No. 6,405,291, both entitled “Predictive Snooping of Cache Memory for Master-Initiated Accesses”. The complaint alleges that Apple infringes the patents 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 Company in its case against Apple is seeking damages or other monetary relief, including pre-judgment interest and an award of OPTi’s attorney’s fees. 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 Markman hearing and that 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 effected if the litigation is not successful. There can be no assurance of the extent to which the outcome of the Markman hearing will lead to positive results in the Apple case or the Company’s overall licensing strategy.
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OPTi gets all of its revenue from licensing patents. Advanced Micro Devices Inc. agreed in April to pay OPTi $32 million to settle a lawsuit, according to the company’s quarterly report.
The appeal is OPTi Inc. v. Apple Inc., 10-1129, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is OPTi Inc. v. Apple Inc., 07cv21, U.S. District Court for the Eastern District of Texas (Marshall).