GigOptix, Inc. (NYSE MKT:GIG), a leading supplier of advanced semiconductor and optical communications components, today announced that it has filed both an answer to the complaint for patent infringement filed against it by M/A-COM Technology Solutions, Inc. (“MACOM”) and counterclaims against MACOM with the United States District Court for the Northern District of California. GigOptix has denied the allegations of MACOM and stated affirmative defenses, including for non-infringement, patent invalidity, laches and equitable estoppel. In addition, GigOptix has filed counterclaims seeking a declaratory judgment in its favor of patent invalidity and non-infringement.
“GigOptix has invested significant amounts over the years into the development of its Thin Film Polymer on Silicon (TFPS TM) modulators and intends to defend its ability to commercialize this technology,” said Dr. Avi Katz, CEO of GigOptix. “As much as we would prefer not to continue to have to look to the courts to enforce a fair competitive playing field, as we have already shown, we are prepared to take such steps as are necessary to ensure that we can capitalize on our investments.”
About GigOptix, Inc.
GigOptix is a leading fabless supplier of semiconductor and optical components that enable high-speed end-to-end information streaming over the network and address emerging high-growth opportunities in the communications, industrial, defense and avionics industries. GigOptix offers a unique broad portfolio of Drivers, TIAs and TFPSTM optical modulators for 40G, 100G and 400G fiber-optic telecommunications and data-communications networks, and high performance MMIC solutions that enable next generation wireless microwave systems up to 90GHz. GigOptix also offers a wide range of digital and mixed-signal ASIC solutions and enables product lifetime extension through its GigOptix Sunset Rescue Program.Forward-Looking Statements This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding the litigation involving MACOM and the GigOptix Thin Film Polymer on Silicon (TFPS TM) modulators. Such statements contain words such as "will," and "expect," or the negative thereof or comparable terminology, and include (without limitation) statements regarding growth, opportunities, continued traction, contracts, improvements and our statements under the heading "Financial Outlook." Forward-looking statements involve certain risks and uncertainties, and actual results may differ materially from those discussed in any such statement. These risks include, but are not limited to: the ability to extend product offerings into new areas or products, the ability to commercialize licensed technology, unexpected occurrences that deter the full documentation and "bring to market" plan for products that were developed this year and last year, trends and fluctuations in the industry, changes in demand and purchasing volume of customers, unpredictability of suppliers, our ability to control our costs of goods sold, our ability to attract and retain qualified personnel, the ability to move product sales to production levels, the ability to compete for client design-in opportunities, the ability to cross-sell to new clients and to diversify, the success of product sales in new markets or of recently produced product offerings, including bundled product solutions, the amount of cost savings, the ability to improve productivity, the ability to pursue and attract other merger and acquisition opportunities, our ability to enforce intellectual property rights and defend against intellectual property claims brought against us, and the ability to maintain and continue relationships with government agencies. Additional factors that could cause actual results to differ are discussed under the heading "Risk Factors" and in other sections of the Company's filings with the SEC, and in the Company's other current and periodic reports filed or furnished from time to time with the SEC. All forward-looking statements in this press release are made as of the date hereof, based on information available to the Company as of the date hereof, and the Company assumes no obligation to update any forward-looking statement.