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Asustek, IBM reach out-of-court settlement on patent infringement lawsuit.


Taipei, Oct. 12, 2009 (CENS CENS Censor
CENS Center for Embedded Networked Sensing (UCLA NSF)
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CENS Centre d'Etudes Nucleaires de Seclay
)--After two years of fierce judicial contests against each other in the form of 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.  lawsuits at U.S. courts, Asustek Computer Inc. and IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries)  Corp. have jointly announced an out-of-court settlement An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval.  allowing both sides to use each other's product designs and technologies in connection with the lawsuits.

Industry insiders noted that the settlement is significant and upbeat for Taiwanese IT (information technology)-based product suppliers, as they used to be in inferior positions when facing patent infringements charges filed by large-sized international rivals in the past. Undaunted by IBM's unparalleled influence in the line, Asustek decided to defend itself in the court and succeeded in persuading judges that its related technologies are actually protected by valid patents.

Asustek's management said that the decision to license both sides to use each other's patented technologies listed in the settlement indicates their consistent efforts on protecting IP (intellectual property) rights and will drive them to keep focused on satisfying customers with more innovative products and services in the future.

The two-year judicial contests began in the fourth quarter of 2007, when IBM filed a lawsuit with ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium

ITC n abbr (BRIT) (= Independent Television Commission) →
 (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.  International Trade Commission), accusing Asustek of violating its patents on power supply improvement solution, heat-sinking system and PC clustering configurations.

However, not to keep silent, Asustek took actions to defend itself immediately, and then sued IBM for infringing its patents on two key technologies in the second quarter of 2008. After ITC judged in March this year that Asustek's patents have remained valid, the U.S. Court of Appeals for the D.C. Circuit Opinions turned down IBM's appeal of the patent infringements then, forcing the firm to seek possibility of reaching out-of-court settlements with Asustek this October. Eventually, Asustek also agreed to withdraw its charges against IBM from federal courts in San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden  and Santiago.
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Title Annotation:Asustek Computer Inc. and IBM Corp.
Publication:The Taiwan Economic News
Date:Oct 12, 2009
Words:309
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