Kilopass Outlines Its Infringement Case Against Sidense With Appellate Court

SANTA CLARA, CA -- (Marketwire) -- Dec 07, 2012 -- Kilopass Technology Inc. ( www.kilopass.com), a leading provider of semiconductor logic non-volatile memory (NVM) intellectual property (IP), today announced that it has filed the initial legal appeal brief with the U.S. Court of Appeals for the Federal Circuit ("Appellate Court"), outlining the procedural and legal errors in the U.S. District Court's decision on Summary Judgment to dismiss the patent infringement case against Sidense. The Appellate Court is expected to review, and if Kilopass prevails return the case with instructions for trial in the second half of 2013.

The responsibility of the Appellate Court in a patent infringement case is to review whether the legal procedures and legal standards were upheld. Specifically, in this case Kilopass believes the U.S. District Court has ruled incorrectly on its Summary Judgment decision to dismiss the case on multiple grounds. First, the District Court ruled Kilopass as having disavowed its patent claim on "word-lines and bit-lines being interchangeable" because of an error in Kilopass' USPTO patent re-examination correspondence (since corrected), even though patent law explicitly requires the patent prosecution history be reviewed in its entirety, and also requires that any disclaimer on patent claims by patentees must be explicit and unambiguous, which Kilopass never did. Second, the District Court's ruling on Kilopass' disavowal automatically created a contradictory position with the Court's own construction of patent claims after the Markman hearing. Third, the District Court's global application of this disavowal across all Kilopass patents is incorrect as a matter of law. Finally, even with these errors, there are still several disputes in the facts, which the District Court by law cannot rule for or against in a Summary Judgment decision. The decision on disputed facts must be made by a jury in a fair trial.

"We are thankful of the U.S. legal system and its review process," said Charlie Cheng, president and CEO of Kilopass Technology Inc. "We are confident the Appellate Court's review panel will quickly correct the critical procedural and legal errors and allow the case to go to trial."

Furthermore, in the global market, the legal options for redress of grievances are not restricted to one geographic area, nor to a single legal remedy. Kilopass is prepared to pursue all these avenues to protect its proprietary technology.

More Information
The redacted version of Kilopass appeal brief is available on Kilopass web site found at: www.kilopass.com.

About Kilopass
Kilopass Technology, Inc., a leading supplier of embedded NVM intellectual property, leverages standard logic CMOS processes to deliver one-time programmable (OTP) and many-time programmable (MTP) memory. Kilopass has 58 patents granted or pending and more than 800,000 wafers shipped from a dozen foundries and Integrated Device Manufacturers (IDM). Its more than 150 customers build solutions ranging from storage of firmware and security codes to calibration data and other application-critical information. The company is headquartered in Santa Clara, Calif. For more information, visit www.kilopass.com or email: Email Contact. Follow Kilopass on Twitter at https://twitter.com/kilopass_.

Gusto, Gusto-2, Numera, XPM and XPM Xtend are trademarks of Kilopass Technology Inc. All other tradenames and trademarks are the property of their respective holders.

For more information, contact:
Nanette Collins 
Public Relations for Kilopass Technology 
(617) 437-1822 

Email Contact 

Jonah McLeod
Kilopass Technology
(408) 980-8808

Email Contact 





Review Article Be the first to review this article
Trimble

Photosat

Featured Video
Jobs
GIS Software Developer for SoCalGas at Los Angeles, CA
GIS Software Developer for UDC at Englewood, CO
GIS Analyst for G2 Partners LLC at San Ramon, CA
Architectural Designer for Champion Home Builders at Troy, MI
Vice President, Transportation Services for Associated General Contractors of New York State at Albany, NY
Upcoming Events
GEO WEEK 2017 at Washington DC - Oct 23 - 27, 2017
GIS-PRO 2017 at Jacksonville FL - Oct 23 - 26, 2017
Commercial UAV EXPO Americas at The Westgate Resort Las Vegas NV - Oct 24 - 26, 2017
6th International Colloquium on Scientific and Fundamental Aspects of GNSS / Galileo at Technical University of Valencia Valencia Spain - Oct 25 - 27, 2017
Teledyne Optech
CADalog.com - Countless CAD add-ons, plug-ins and more.



Internet Business Systems © 2017 Internet Business Systems, Inc.
25 North 14th Steet, Suite 710, San Jose, CA 95112
+1 (408) 882-6554 — Contact Us, or visit our other sites:
AECCafe - Architectural Design and Engineering EDACafe - Electronic Design Automation TechJobsCafe - Technical Jobs and Resumes  MCADCafe - Mechanical Design and Engineering ShareCG - Share Computer Graphic (CG) Animation, 3D Art and 3D Models
  Privacy PolicyAdvertise