OTTAWA, Ontario, Canada - March 23, 2004 – MOSAID Technologies Incorporated (TSX:MSD) today announced that Judge William J. Martini of the United States District Court for the District of New Jersey issued a claims construction Order and Opinion yesterday in the ongoing patent infringement litigation between MOSAID Technologies, Samsung Electronics and Infineon Technologies. The joint claims construction hearing, also known as the Markman hearing, was held before Judge Martini on January 27 and 30, 2004.
The Markman Order establishes the meaning of the patent claim terms in dispute between the parties. A copy of the Order and Opinion is available at www.mosaid.com.
Judge Martini ruled on 52 claim terms, including 30 disputed terms, related to the 108 claims being asserted from the nine patents at issue against both Infineon and Samsung. Several of the claim term definitions were adopted as MOSAID had proposed, while a number were defined more narrowly. In addition, two claim terms were ruled indefinite, rendering invalid three of the claims at issue.
"We are pleased to have received a timely ruling and remain confident in our case," said George Cwynar, President and Chief Executive Officer for MOSAID. "A Markman ruling that does not wholly adopt either the plaintiff’s or the defendant’s position is common. Ultimately the issue of whether the Samsung and Infineon DRAM products infringe MOSAID’s patents will be determined by the Court in the scheduled summary judgment motions or at trial."
MOSAID Technologies Incorporated is an independent semiconductor company operating through two divisions:
- Intellectual Property - a developer and licensor of memory intellectual property.
- Systems - the leading supplier of engineering memory test and analysis systems to memory manufacturers, foundries and fabless chip 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.