Court Rules in Favor of Intergraph in Patent Infringement Lawsuit Against Intel; Court Says PIC Patents Valid, Technology Infringed by Intel's Itanium Products.Business Editors & High Tech Writers HUNTSVILLE, Ala.--(BUSINESS WIRE)--Oct. 10, 2002 The U.S. District Court, the Eastern District of Texas, ruled today that Intel's Itanium-based products 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. Intergraph's patented technology for defining key aspects of parallel instruction computing (PIC (1) (Programmable Interrupt Controller) An Intel 8259A chip that controls interrupts. Starting with the 286-based AT, there are two PICs in a PC, providing a total of 15 usable IRQs. ). "This ruling validates Intergraph's patents, and paves the way for Intergraph's Intellectual Property (IP) Division to actively pursue open licensing with others throughout the consumer electronics and computer industries," said Intergraph chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. Jim Taylor This article is about the NFL football player. For other uses, see Jim Taylor (disambiguation). James Charles "Jim" Taylor (born September 20, 1935) is a former professional football player. Taylor played for ten NFL seasons, from 1958-67. . "We are pleased that the Company's long-standing dispute with Intel has concluded with yet another significant return from the Company's investment in innovation." In his order, Judge T. John Ward ruled that Intergraph's patents are "valid and enforceable" and that Intel's products "literally infringe" two claims of the `028 patent and seven claims of the `003 patent. Judge Ward also determined that Intergraph is entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to an injunction on Intel's Itanium or Itanium 2 processors. During court-ordered mediation talks in April 2002, Intergraph and Intel settled an earlier 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. case filed by Intergraph in 1997. In that settlement, Intel paid Intergraph $300 million and took a license to Intergraph's Clipper clipper, type of sailing ship, designed for speed. Long and narrow, the clipper had the greatest beam aft of the center; the bow cleaved the waves; and the ship carried, besides topgallant and royal sails, skysails and moonrakers—a veritable cloud of sails. technology patents. The mediation also resulted in Intel and Intergraph agreeing to set liquidated damages Monetary compensation for a loss, detriment, or injury to a person or a person's rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contract. for the PIC patent case. Under terms of the settlement (a copy of which may be obtained at www.sec.gov/Archives/edgar/data/351145/000035114502000021/ 0000351145-02-000021.txt), the Texas Court's finding of infringement obligates Intel to pay Intergraph $150 million in liquidated damages. Upon payment of $150 million, Intel then has three options: (1) pay an additional $100 million to Intergraph and receive a license to the PIC patents, (2) appeal the District Court decision and, if they lose the appeal, pay Intergraph an additional $100 million, or (3) try to design around the infringement. Intergraph also recently announced that Fujitsu had licensed the PIC technology for use in consumer electronics and embedded applications An application that permanently resides in an industrial or consumer device. Providing some type of control function and/or user interface, the software is typically stored in a non-volatile memory such as ROM or flash memory. . Commenting on the significance of these two events, Intergraph's general counsel David Vance Lucas said, "Judge Ward's finding of infringement affirms the value and significance of Intergraph's IP. We hope that the momentum from this decision, together with the recent announcement of our license to Fujitsu, will significantly advance our goal of establishing an open licensing program for Intergraph's technology." Forward Looking Statements This news release may contain forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995 including, but not limited to, projected results, market conditions and their anticipated impact on the Company, expectations regarding future results and cash flows, and information regarding the development, introduction, and performance of new products from the Company and others. These forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from those anticipated in the forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to, worldwide economic conditions, increased competition, rapid technological change, and other risks detailed in our annual and quarterly filings with the Securities and Exchange Commission. Intergraph background information Intergraph Corporation (www.intergraph.com) is a worldwide provider of end-to-end technical solutions and systems integration. Intergraph's vertically focused business units develop, market and support software and services for local and national governments and for global industries, including process, power and offshore, public safety, utilities, communications, mapping/GIS, and earth imaging. Intergraph's licensing division manages the Company's portfolio of intellectual property, including patents, copyrights, and trademarks. Intergraph is headquartered in Huntsville, Ala., with offices worldwide. Copyright 2002. Intergraph and the Intergraph logo are registered trademarks of Intergraph Corporation. All other company and products names are the property of their respective owners. |
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