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ADDING and REPLACING Sisvel-Sandisk: "Is Confirmed the Seizure Ordered by the Public Prosecutor of Sandisk MP3 Players at IFA 2006".


"There Are Sufficient Grounds for Suspicion of Deliberate Patent Infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. " a Decision by the Criminal Chamber of the Landgericht Berlin

TURIN, Italy -- Add after last graph of release:

On the basis of a search order issued by Amtsgericht Tiergarten (district court) of Berlin on August 31, 2006, the Public Prosecutor prosecutor

Government attorney who presents the state's case against the defendant in a criminal prosecution. In some countries (France, Japan), public prosecution is carried out by a single office. In the U.S., states and counties have their own prosecutors.
 together with the customs investigation agency carried out a search on September 1, 2006 at the booth of SanDisk on the occasion of the IFA Immunofluorescent assay (IFA)
A blood test sometimes used to confirm ELISA results instead of using the Western blotting. In an IFA test, HIV antigen is mixed with a fluorescent compound and then with a sample of the patient's blood.
 exhibition. There, the Public Prosecutor Berlin seized all SanDisk's MP3 players A digital music player that supports the MP3 format, which was the audio format that started a revolution in online music downloads and distribution. All portable music players, the iPod being the most popular, support MP3 along with one or more other audio formats. , from a total of nine different "Sansa" product lines, as well as the corresponding advertising material. In deciding that the seizure Forcible possession; a grasping, snatching, or putting in possession.

In Criminal Law, a seizure is the forcible taking of property by a government law enforcement official from a person who is suspected of violating, or is known to have violated, the law.
 was lawful Licit; legally warranted or authorized.

The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law.
, the Court overruled the earlier decision of the Amtsgericht Tiergarten which had considered the seizure disproportionate dis·pro·por·tion·ate  
adj.
Out of proportion, as in size, shape, or amount.



dispro·por
 notwithstanding an initial suspicion of patent violation.

Sisvel has filed claims of patent infringement against SanDisk in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 in The Netherlands, Germany, and the United Kingdom claiming that SanDisk 's MP3 players infringe in·fringe  
v. in·fringed, in·fring·ing, in·fring·es

v.tr.
1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent.

2.
 patents that Sisvel license and seeking an injunction and damages. An additional lawsuit against SanDisk, also claiming that SanDisk's MP3 players are infringing, has been filed by Audio MPEG (Moving Pictures Experts Group) An ISO/ITU standard for compressing digital video. Pronounced "em-peg," it is the universal standard for digital terrestrial, cable and satellite TV, DVDs and digital video recorders (DVRs). , Sisvel's subsidiary, in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  (Eastern District of Virginia).

The corrected release reads:

Sisvel-Sandisk: "Is Confirmed the Seizure Ordered by the Public Prosecutor of Sandisk MP3 Players at IFA 2006"

"There Are Sufficient Grounds for Suspicion of Deliberate Patent Infringement" a Decision by the Criminal Chamber of the Landgericht Berlin

The Criminal Chamber of the Landgericht (regional court) Berlin in Germany has recently ruled that the seizure ordered by the Public Prosecutor's Office of Berlin of all of the MP3 players marketed as part of SanDisk's "Sansa" product lines and the related advertising material exhibited at the SanDisk booth at IFA 2006 was legal. In its decision, the Berlin court stated that it was "of the opinion that there are sufficient grounds for suspicion of deliberate patent infringement". Since all the other legal requirements were also met, the Berlin court confirmed that the seizure of the SanDisk MP3 players and the advertising material was legitimate.

"It was good to learn about the ruling of the Court," said Ing. Paolo D'Amato, Ceo of Sisvel Spa. "SanDisk should not be surprised by this decision. All the MP3 players sold by the most important consumer electronics companies in the world are licensed under the patents that Audio MPEG and Sisvel license, including the famous iPod of Apple, the new Zune of Microsoft, the award winning Zen of Creative, and all the MP3-capable cell phones sold by Motorola, Nokia, and Sony-Ericsson, while the MP3 players sold by SanDisk are not."

On the basis of a search order issued by Amtsgericht Tiergarten (district court) of Berlin on August 31, 2006, the Public Prosecutor together with the customs investigation agency carried out a search on September 1, 2006 at the booth of SanDisk on the occasion of the IFA exhibition. There, the Public Prosecutor Berlin seized all SanDisk's MP3 players, from a total of nine different "Sansa" product lines, as well as the corresponding advertising material. In deciding that the seizure was lawful, the Court overruled the earlier decision of the Amtsgericht Tiergarten which had considered the seizure disproportionate notwithstanding an initial suspicion of patent violation.

Sisvel has filed claims of patent infringement against SanDisk in litigation in The Netherlands, Germany, and the United Kingdom claiming that SanDisk 's MP3 players infringe patents that Sisvel license and seeking an injunction and damages. An additional lawsuit against SanDisk, also claiming that SanDisk's MP3 players are infringing, has been filed by Audio MPEG, Sisvel's subsidiary, in the United States (Eastern District of Virginia).
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Publication:Business Wire
Date:Dec 14, 2006
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