Bad news--judge throws out verdict
REDWOOD CITY, Calif.--(BUSINESS WIRE)--June 18, 1997--Ampex Corp.
(ASE:AXC) today announced that Judge Roderick McKelvie of the U.S.
District Court for the District of Delaware has granted the
post-trial motion of Mitsubishi Electric Corp. to set aside the
jury's earlier verdict awarding damages to Ampex, based on the
defendant's theory of "prosecution history estoppel."
As previously reported, on April 10, 1997, the jury in this case
found that Mitsubishi had infringed one of Ampex's patents in
connection with the manufacturing of picture-in-picture television
receivers, and awarded damages of $8.1 million. The judge ruled
that the manner in which the jury had completed its verdict form
subjected Ampex's charge of infringement to the defense of
prosecution history estoppel, based on which he entered judgment on
behalf of Mitsubishi. Ampex is planning to appeal this judgment or
to move for a retrial.
An Ampex representative said: "We are disappointed that the
court felt constrained to rule against us on the estoppel issue, but
we are gratified that the rulings in this case support Ampex's
contentions that, although many of our patents relating to video
signal processing resulted from inventions in video recorders and
related electronics, these patents are equally applicable to other
products, such as televisions, where the inventions may be in use
today."
The judgment applies only to one of the company's patents which
is used in picture-in-picture television sets. Ampex has asserted
additional infringement claims against Mitsubishi with respect to
infringement of Ampex patents in connection with various VCR
products. No date has been set for a trial of these claims.
As previously disclosed, no income from the jury's earlier
damage award has been recorded in the company's financial
statements. |
