DPAC Technologies Wins Patent Lawsuit with SimpleTech.Business Editors/High-Tech Writers GARDEN GROVE, Calif.--(BUSINESS WIRE)--Sept. 18, 2003 DPAC DPAC Denver Performing Arts Complex (CO, USA aka: DCPA) DPAC Deferred Policy Acquisition Costs (insurance) DPAC District Parent Advisory Committee DPAC Dover Partnership Against Crime Technologies Corp. (Nasdaq:DPAC), a technology company that designs and manufactures high-density memory and wireless products, today announced that the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Central District of California granted judgment in favor of DPAC on SimpleTech, Inc.'s claim of infringement of United States Patent No. Re. 36,916. SimpleTech's 1998 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. claim was previously adjudicated as without merit by the District Court in March, 2001, a finding that was affirmed in the following year by the United States Court of Appeals The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other . A subsequent United States Supreme Court United States Supreme Court: see Supreme Court, United States. decision in another case prompted the Supreme Court to return this case to the Court of Appeals to determine whether SimpleTech was now entitled to a trial on its claim. The Court of Appeals asked the District Court to apply the new Supreme Court standard, and the District Court again found that SimpleTech was still not entitled to go to trial and a finding of non-infringement was re-entered. SimpleTech filed another patent infringement action against DPAC in 2001 alleging that other claims of its '916 patent were infringed. DPAC filed a counterclaim alleging trade secret misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any and unfair competition. The parties voluntarily dismissed the claim and counterclaim in 2002 without prejudice Without any loss or waiver of rights or privileges. When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice to re-filing at a later date. Neither party has refiled an action alleging those claims. About DPAC Technologies Based in Garden Grove, California Garden Grove is a city centrally located in northern Orange County, California, United States. As of 2004, the city population was 170,000 people. California State Route 22, also known as the Garden Grove Freeway, passes through the city from east to west. , DPAC Technologies provides patented component packaging technology to create high-density, space-saving memory and wireless products. DPAC's products are used in electronic circuits found in network servers, computer storage devices, guidance systems, medical instrumentation, and communication devices. The Company provides outsourced engineering design services to aid customers in creating cost-saving circuit designs as well as contract manufacturing of prototype designs and medium volume production runs of assembled circuit boards. The Company's web site address is www.DPACTech.com. Forward-Looking Statements This press release includes forward-looking statements, including statements regarding management's current beliefs concerning the Company's business plans, the success of the 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. , the need for patented technology, risks of introducing new technologies, risks associated with continued litigation, and the success of the programs using this technology, which are subject to change. Every statement herein that is not historic in nature is a forward-looking statement for purposes of the Safe Harbor provisions 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. Such statements involve risks and uncertainties, which may differ materially from those set forth in these statements. Factors that affect DPAC's business include, but are not limited to; the success of patented products, future business opportunities with products, the military and industrial market, protection of technology or proprietary rights, risks of litigation, and general market and economic conditions. More information about the risks and challenges faced by DPAC Technologies Corp. is contained in the Securities and Exchange Commission filings made by the Company. DPAC Technologies Corp. specifically disclaims any obligation to update or revise any forward-looking statements whether as a result of new information, future developments or otherwise. |
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