5 Oct 2012

Kilopass Files Its Appeal for Both Patent Infringement Case & Tort Case Against Sidense

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Santa Clara, Calif. – October 5, 2012 – Kilopass Technology, Inc., a leading provider of semiconductor logic non-volatile memory (NVM) intellectual property (IP), today appealed both the patent infringement case as well as the tort case against Sidense.  On Kilopass’ request the Court issued an appealable judgment, and the case will be heard by the special patent court, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.  The appeal process will take approximately 9 – 12 months.

“We are heartened by the US judicial system and its due process, which allows us to appeal a disappointing summary judgment ruling,” said Charlie Cheng, president and CEO of Kilopass Technology, Inc. “We believe there were substantive and procedural errors committed, but most importantly we have overwhelming expert infringement evidence that should go to the jury.”

Kilopass filed its original patent & business conduct case against Sidense in May 2010; Sidense filed its retaliatory tort case some year & half later.  The Court issued a summary judgment order against Kilopass on the patent case in August 2012 and our experts believe it is in error for various reasons. One being the Court’s summary judgment order is inconsistent with the earlier Markman ruling.  Kilopass’ optimism extends beyond this, including Sidense’ inability to cite a US patent to support its claim of “patented 1T bit cell.” These, and other facts discovered during the past two years will facilitate a speedy trial and conclusion after the appeal process.

Sidense voluntarily withdrew its Tort case with prejudice in September 2012, because it simply did not have a case to pursue.