OPTi Inc (OTCBB:OPTI) today announced that VIA Technologies Inc. (“VIA”) is appealing the Final Judgment entered in the United States District Court for the Eastern District of Texas on September 9, 2013 and the Courts Memorandum Opinion and Order entered on August 29, 2014. VIA’s Notice of Appeal gives notice of appeal regarding the following, without limitation:
- Memorandum and Opinion Order (Court’s Order Regarding Claim Construction);
- Court’s Order Regarding Motions in Limine;
- Court’s Order Regarding VIA’s Daubert Motions and Motion for Summary Judgment;
- Jury Instructions and Verdict Form;
- Memorandum Opinion and Order (Court’s Order Regarding VIA’s Laches and Equitable Estoppel Defense);
- Calculation of Pre-Judgment Interest; and
- Memorandum Opinion and Order (Court’s Order Regarding VIA’s Post-Trial Motions).
OPTi filed a cross appeal to the United States Court of Appeals for the Federal Circuit from the portions of the final judgment finding VIA infringement was not willful and the Memorandum Opinion and Order entered in the action in the United States District Court for the Eastern District of Texas on August 4, 2014 denying OPTi’s Motion for a new trial on willfulness.
On January 10, 2010, the Company announced that it filed a complaint against VIA, 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. 5,710,906, entitled “Predictive Snooping of Cache Memory for Master-Initiated Accesses”. The complaint alleged that VIA infringed the patent by making, selling, and offering for sale various products based on and incorporating Predictive Snooping technology. The VIA action itself is a part of the Company’s strategy for pursuing its patent infringement claims relating to its Predictive Snooping technology. There can be no assurance of the extent to which the outcome of these rulings will lead to positive results in the VIA case.
Contacts:
Michael Mazzoni, CFO, 408-879-7225
