GSI Technology, Inc. (Nasdaq: GSIT) today reported on recent
developments related to its pending litigation with Cypress
Semiconductor Corp.
Lee-Lean Shu, GSI’s President and CEO, noted, “As we reported in
November, the United States Patent and Trademark Office (PTO) issued
initial office actions in re-examination proceedings against two Cypress
Patents (Nos. 7,142,477 and 6,534,805) in which it rejected a number of
claims of both patents as invalid on the basis of prior art. As we noted
at the time, the PTO’s rejection of these patent claims was not final –
although we believed them to be correct.
“On April 27, 2012, the PTO issued a further office action confirming
the validity of claims in one of the two patents, the ‘477 patent. We
are, of course, disappointed that the PTO has reversed its earlier
position on the ‘477 patent. However, it is important to point out
several significant facts: (1) we have presented a strong invalidity
defense in the pending proceeding before the International Trade
Commission (ITC); the PTO’s action, with which we strongly disagree, is
not binding on the ITC and is not dispositive of the issue of validity
of the ‘477 patent for purposes of GSI’s defense in the ITC proceeding;
(2) we have presented a strong non-infringement position with respect to
the ‘477 patent in addition to and independent of our defense based on
invalidity; (3) although the PTO allowed additional claims in connection
with its re-examination of the ‘477 patent, the new claims cannot be
asserted against GSI’s products in the pending ITC proceeding; and
(4) the new PTO action does not address the ‘805 patent, which was also
preliminarily found invalid.
“As GSI has stated in the past, we continue to believe that GSI has not
infringed any valid Cypress patent and that its ITC complaint is without
merit.”
About GSI Technology
Founded in 1995, GSI Technology, Inc. is a leading provider of
high-performance static random access memory, or SRAM, products
primarily incorporated in networking and telecommunications equipment.
Headquartered in Sunnyvale, California, GSI Technology is ISO 9001
certified and has worldwide factory and sales locations. For more
information, please visit www.gsitechnology.com.
