OPTi Receives Ruling in Markman Hearing in Patent Infringement Action Against nVidia Corporation.MOUNTAIN VIEW, Calif. -- OPTi Inc (OTCBB OTCBB See OTC Bulletin Board (OTCBB). :OPTI) today announced that the United States District Court for the Western District of Texas The United States District Court For the Western District Of Texas (W.D.Tex) is the Federal district court whose jurisdiction consists of the counties in the western part of the state of Texas. This district covers over 92,000 square miles and seven divisions. issued a ruling Monday, April 24, 2006 in the ongoing 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. action between OPTi Inc ("OPTi") and nVidia Corporation ("nVidia"). The ruling arises from a special proceeding required under U.S. patent law called a "Markman hearing A Markman hearing is a pre-trial hearing in the United States court system during which a judge hears testimony from both parties on the appropriate meanings of the relevant key words used in the claims of a patent, the infringement of which is alleged by the plaintiff. ," where both sides present their arguments to the court as to how they believe certain claims at issue in the lawsuit should be interpreted. In the ruling, the Court largely adopted OPTi Inc's proposed construction on at least 13 of the 15 claims at issue. The Company believes that the ruling represents a major step in OPTi's efforts to enforce its patent portfolio and licensing efforts. If OPTi prevails at trial, the Company is requesting a reward for damages on the infringement of its technology and for reimbursement Reimbursement Payment made to someone for out-of-pocket expenses has incurred. of its 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. expenses. Bernie Marren, President 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. of OPTi, stated, "We are pleased with the Markman hearing ruling and remain confident in our position concerning nVidia's infringement of the patents in dispute." On October 19, 2004, the Company announced that it has filed a complaint against nVidia Corporation ("nVidia"), in the Eastern District of Texas, for infringement of five U.S. patents. The five patents at issue in the lawsuit are U.S. patent No. 5,710,906, U.S. patent No. 5,813,036, U.S. patent No. 6,405,291, all 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: "Predictive Snooping of Cache Memory See cache. cache memory - cache for Master-Initiated Acesses," U.S. patent No. 5,944,807 and U.S. patent No. 6,098,141, both entitled "Compact ISA-Bus Interface." The complaint alleges that nVidia infringes the patents by making, selling, and offering for sale products based on and incorporating Predictive Snooping technology and the Low Pin Count Interface Specification in various of its products and inducing and contributing to the infringement of the patents by others. OPTi has requested a jury trial in this matter. The Company in its case against nVidia is seeking damages or other monetary relief, including pre-judgment interest and awarding OPTi's attorney fees. The nVidia action itself is an important part of the Company's strategy for pursuing its patent infringement claims relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc its Predictive Snooping technology. Consequently, the outcome of the Markman hearing and that of the nVidia case itself is an important part of the Company's strategy for pursuing its patent infringement claims and the Company's ability to realize licensing revenue from its Predictive Snoop patents will be severely impaired if the litigation is not successful. Nonetheless there can be no assurance of the extent to which the outcome of the Markman hearing will lead to positive results in the nVidia case or the Company's overall licensing strategy. Information set forth in this release constitutes and includes forward looking information made within the meaning of Section 27A of the Security Act of 1933, as amended a·mend v. a·mend·ed, a·mend·ing, a·mends v.tr. 1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive. 2. and Section 21E of the Securities and Exchange Act of 1934, as amended, that involve risks and uncertainties. The Company's actual results including the final outcome of its legal action against nVidia and the success of the Company's strategy for pursuing its patent infringement claims may differ significantly from the results discussed in the forward looking statements as a result of a number of factors, including resolution of the remaining phases of the nVidia litigation and possible appeals, the Company's ongoing efforts to enforce its intellectual property rights including its current litigation efforts, the willingness of the parties the Company believes are infringing its patents to settle our claims against them, the amount of litigation costs the Company must incur in pursuing its patent infringement claims, the degree to which technology subject to our intellectual property rights is used by other companies in the personal computer and semiconductor industries and our ability to obtain license revenues from them, changes in intellectual property law in such industries and in general and other matters. Readers are encouraged to refer to "Factors Affecting Earnings and Stock Price" found in the Company's latest Form10-K and 10-Q filings with the Securities and Exchange Commission. |
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