OTTAWA, Ontario, Canada – April 4, 2005 - MOSAID Technologies Incorporated (TSX:MSD) today announced that it has received a summary judgement Order from the United States District Court for the District of New Jersey regarding several issues in the MOSAID patent case involving Infineon Technologies Inc.
In the case, MOSAID has asserted that seven patents are infringed by memory products manufactured or sold by Infineon. Each of the seven patents asserted was at issue in one or more of the summary judgement motions filed by the parties and decided by the Court.
A copy of the summary judgement Order and Opinion is available at http://www.mosaid.com/corporate/investor-relations/litigation-infineon.php
The Court ruled that Infineon's accused products do not infringe any of the asserted claims of MOSAID patent Nos. 5,822,253, 5,751,643, 6,278,640, 5,828,620, 6,055,201 and 6,580,654. The Court did not make any ruling as to whether or not Infineon's products infringe MOSAID patent No. 6,603,703.
The Court ruled that as a matter of law MOSAID will not be permitted to rely upon the doctrine of equivalents to overcome any limitation of any of the asserted claims of the patents in suit. The Court also ruled that MOSAID can only seek damages for the period prior to filing the lawsuit for products specifically identified in its letters notifying Infineon of infringement.
The Court ruled in favour of MOSAID in finding that several references put forward by Infineon as prior art did not invalidate any of the patents in suit. The Court also rejected Infineon's contention that any of the patents were invalidated due to the on-sale bar or inequitable conduct. The Court rejected Infineon's argument that any of the patents in suit were unenforceable due to prosecution laches, except that the Court made no ruling as to whether patent Nos. 6,580,654 or 6,603,703 were unenforceable due to prosecution laches because the Court believes there are disputes of fact concerning these patents.
"We expect that this case will now be transferred back to California," said Jim Skippen, Senior Vice President, Patent Licensing and General Counsel of MOSAID. "It is our intention to continue to vigorously pursue this case to a successful outcome for MOSAID."
MOSAID Technologies Incorporated makes memory better through the development and licensing of intellectual property and the supply of memory test and analysis systems to semiconductor manufacturers, foundries and fabless semiconductor companies around the world.
Founded in 1975, MOSAID is based in Ottawa, Ontario, Canada, with offices in Santa Clara, California; Newcastle upon Tyne, U.K; and Tokyo, Japan. For more information, visit the Company's web site at www.mosaid.com.
Forward Looking Information
This document may contain forward-looking statements relating to the Company’s operations or to the environment in which the Company operates. Such statements are based on current expectations that are subject to a variety of risks and uncertainties that are difficult to predict and/or beyond MOSAID’s control. Actual results may differ materially from those expressed in any forward-looking statements, due to factors such as customer demand and timing of purchasing decisions, product and business mix, competitive products, pricing pressures as well as general economic and industry conditions. MOSAID assumes no obligation to update these forward-looking statements, or to update the reasons why actual results could differ from those reflected in any forward-looking statements. Additional information identifying risks and uncertainties is contained in other public filings with the Ontario Securities Commission.