Yamaha Infringement Claims Against ESS Technology to be Tried Following Court of Appeals Ruling.SAN JOSE San Jose, city, United States San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850. , Calif.--(BUSINESS WIRE)--April 2, 1996--Yamaha Corporation of Japan today announced that its 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. claims against ESS Technology, Inc. will now go to trial following the March 29, 1996 ruling of the Court of Appeals for the Federal Circuit. The Federal Circuit, while affirming the district court's denial of Yamaha's motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. , left the district court's interpretation of the claims of the two Yamaha patents in suit largely intact. As a result, the lawsuit remains in the same posture it was in last Summer, when the district court substantially denied ESS' motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of non- infringement relating to its ESFM ESFM Escuela Superior de Fisica y Matematicas (Spanish) ESFM European Society of Feline Medicine line of sound synthesis chips, paving the way for trial before a Los Angeles jury. Robert Starr, General Manager, Sales and Marketing at Yamaha Systems Technology, Inc. stated that based on a recent scheduling order entered by the district court, he expected the trial against ESS to commence by this Fall. The trial will focus on Yamaha's claim that four ESS FM synthesis chips -- the ES1488, ES1688, ES1788, and ES1888 infringe the Yamaha patents. At trial, Yamaha will ask that both ESS and its customers be enjoined from further infringement. Yamaha's Complaint in the federal action against ESS asserts infringement of Yamaha's US. Patent No. 4,249,447, which relates to feedback FM technology for sound synthesis, and No. 4,813,326, which relates to synthesizing musical tones using a modulation operation. Yamaha is a world- wide leader in the manufacture of electronic musical instruments and sound synthesis chips. In addition to the two patents asserted in the pending 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. , Yamaha owns numerous other patents relating to these technologies. CONTACT: Yamaha Systems Technology, Inc. Robert Starr, 408/467-2343 or The Lekas Group Joyce Lekas, 415/948-8907 lekas@aol.com |
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