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.
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