"We are pleased with the Dutch court's recognition that TomTom's infringement allegations lack merit," said Andrew Etkind, Garmin's General Counsel. "This baseless lawsuit was filed by TomTom after Garmin took legal action against TomTom in the United States to stop TomTom's pervasive infringement of Garmin's intellectual property rights."
Garmin's lawsuit against TomTom for infringement of five Garmin patents is proceeding in the U.S. District Court for the Western District of Wisconsin and the trial is scheduled for February 2007. Garmin has also recently filed a lawsuit against TomTom in the U.S. District Court for the Eastern District of Texas for infringement of a sixth Garmin patent. After the Wisconsin lawsuit was filed, TomTom, which does not hold any U.S. patents for technology it developed itself, purchased three U.S. patents from Horizon Navigation, Inc. and then asserted these patents in a counterclaim in the Wisconsin lawsuit.
Garmin has also filed a lawsuit against TomTom in the Netherlands seeking a declaration of non-infringement of the European registered design that was asserted by TomTom in the preliminary relief proceedings. In addition, Garmin has filed a lawsuit against TomTom in the United Kingdom to invalidate a UK patent owned by TomTom.
Garmin currently owns 285 U.S. patents and 3 European registered designs and has 165 patent applications pending. Garmin was recently selected as an inaugural constituent of the Ocean Tomo 300 Patent Index based on the value of Garmin's patent portfolio.
All statements included in this release, other than statements of historical fact, are forward looking statements. These forward-looking statements are based on our expectations, estimates and projections, all of which are subject to change. The forward-looking statements in this release speak only as of this date. We undertake no obligation to revise or update publicly any forward-looking statement for any reason. Forward-looking statements can often be identified by words such as "believes", "anticipates", "expects", "intends", "should", "would", "could" and variations of these words or similar words and expressions. These forward-looking statements are not guarantees of future results and actual results may differ materially and adversely as a result of risk factors affecting Garmin, including our ability to prevail in the litigation against TomTom; the ability of our patents to protect our intellectual property and products; our ability to enforce our intellectual property rights; and the risks associated with litigation in general, including the costs and time that must be devoted to litigation, the potential diversion of management's attention that may result from being engaged in litigation, and the possibility of adverse results.
Through its operating subsidiaries, Garmin Ltd. designs, manufactures and markets navigation, communication and information devices, most of which are enabled by GPS technology. Garmin is a leader in the general aviation and consumer markets, and its products serve aviation, marine, outdoor, fitness, automotive, mobile and OEM applications. Garmin Ltd. is incorporated in the Cayman Islands, and is principal subsidiaries are located in the United States, Taiwan and the United Kingdom. For more information, visit the Investor Relations site of Garmin Ltd. at www.garmin.com or contact the Investor Relations department at 913-397-8200.
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