Fairchild Semiconductor Plans to Appeal Willfulness Ruling
July 25 2010 - 8:30PM
Business Wire
Fairchild Semiconductor (NYSE: FCS) said it expects to appeal a
federal court’s decision Friday that the company willfully
infringed Power Integrations patents.
The ruling has no impact on Fairchild’s business. The company
voluntarily stopped U.S. sales of affected products in 2007,
replacing them with products that Power Integrations agrees do not
infringe the asserted patents.
Meanwhile, the two companies continue to fight three other
lawsuits. Each is accusing the other of infringing U.S. patents in
Delaware and California federal courts, and Fairchild is accusing
Power Integrations of infringing Chinese patents in Suzhou,
China.
Fairchild said it was disappointed by the willfulness ruling
because it is inconsistent with repeated rejections of Power
Integrations patents by the U.S. Patent Office following
re-examinations that were launched by Fairchild. In that process,
Power Integrations has even cancelled one of the patent claims
found to have been willfully infringed in the court process.
Fairchild maintains that its products do not violate Power
Integrations patents and that it respects the intellectual property
rights of its competitors.
About Fairchild Semiconductor:
Fairchild Semiconductor – global presence, local support, smart
ideas. Fairchild delivers energy-efficient, easy-to-use and
value-added semiconductor solutions for power and mobile designs.
We help our customers differentiate their products and solve
difficult technical challenges with our expertise in power and
signal path products. Please contact us on the web at
www.fairchildsemi.com.
Special Note on Forward-Looking Statements
Some of the paragraphs above contain forward-looking statements
that are based on management's assumptions and expectations and
that involve risk and uncertainty. All statements in this release,
other than statements or characterizations of historical fact, are
forward-looking statements. Forward-looking statements usually, but
do not always, contain forward-looking terminology such as "we
believe," "we expect," or "we anticipate," or refer to management's
expectations about Fairchild's future performance. Many factors
could cause actual results to differ materially from those
expressed in forward-looking statements. Important factors that may
cause such a difference for Fairchild Semiconductor in connection
with the company's continuing patent litigation with Power
Integrations include, but are not limited to, the outcome of any
responses to, or appeals by, Power Integrations relating to current
or future reexamination proceedings before the U.S. Patent and
Trademark Office, the outcome of any appeals by Power Integrations
and/or Fairchild from rulings of trial and appeals courts and
Fairchild’s ability to prevail in those appeals, and the risks
associated with litigation in general, including the costs and time
that must be devoted to litigation, the uncertainty of litigation
generally, the potential diversion of attention of management and
key employees and the impact on customers that may result from
being engaged in litigation, and the possibility of adverse
results. Risk factors affecting the company generally, including
those related to intellectual property and litigation, are
discussed in the company's quarterly and annual reports filed with
the Securities and Exchange Commission (SEC) and available at the
Investor Relations section of Fairchild Semiconductor's web site at
investor.fairchildsemi.com, or the SEC's web site at
www.sec.gov.
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