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Beyond Innovation
Technology Co., Ltd ("BiTEK") hereby provides an
updated status regarding the patent litigation between BiTEK
and O2 Micro International Limited ("O2Micro") in
the U.S. Court of Appeals for the Federal Circuit as follows:
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1ĦB
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United States Court of Appeals for the Federal Circuit
("Court of Appeals") has rendered an opinion
regarding the patent case appealed by BiTEK against O2Micro
(products involved in the dispute: BIT3105ĦB3106ĦB3107ĦB3193
and related products, "BiTEK's products") on
April 3, 2008. Below is a summary of the judgment: |
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(1)
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The jury
verdict of the U.S. District Court for Eastern District
of Texas ("District Court") in 2:04-CV-32
has been vacated;
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(2)
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The District
Court's final judgment of infringement in 2:04-CV-32
has been vacated;
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(3)
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The permanent
injunction granted by the District Court in 2:04-CV-32
has been vacated; and
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(4)
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The entire
case has been remanded to the District Court for further
proceedings consistent with the Court of Appeals' opinion.
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2ĦB
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To defend BiTEK's
products, BiTEK will proceed with the litigation proceeding
in the District Court in accordance with the Court of Appeals'
opinion.
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3ĦB
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The Court of Appeals
agreed with BiTEK's argument on both the claim construction
issue and the doctrine of equivalents. The entire case has
been remanded to the District Court whereby the District Court
is required to follow the Court of Appeals' decision. BiTEK
is confident that it will prevail in the District Court proceedings.
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4ĦB
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Under Court of
Appeal's ruling, BiTEK will be free to sell its products without
restrictions.
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5ĦB
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Please refer to
: http://www.cafc.uscourts.gov/opinions/07-1302%20.pdf
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