RODIME PLC ANNOUNCES LITIGATION WITH SEAGATE TECHNOLOGY INC.;
ROdime's U.S. Letters Patent No. 4,638,383
Business Editors
EDINBURGH, Scotland--(BUSINESS WIRE)--April 19, 1999-- Rodime PLC ("Rodime") or the ("company") Litigation with Seagate Technology Inc. ("Seagate") Rodime's U.S. Letters Patent No. 4,638,383 (the '383 patent)
In its announcement dated 25 November 1998 the company stated that it was awaiting judgements of the U.S. Court of Appeal for the Federal Circuit ('the Court') in the appeals lodged by the company and Seagate against the findings of the Central District Court of California.
The judgements on these appals were issued on 13 April 1999. The Court entered judgement in Rodime's favour vacating the judgements previously entered in Seagate's favour by the District Court with respect to: i) Rodime's claim that Seagate infringes claims 3, 5, 8 and 17 of the '383 patent. The District Court had found that these patent claims
included thermal compensation provided solely by the arrangement,
selection and geometry of the materials that form the positioning
mechanism of those claims. The Federal Circuit found that
Rodime's asserted claims do not require thermal compensation.
This decision regarding infringement was based on the Federal
Circuit's interpretation of the scope of the claims in issue;
there has been no finding of either infringement or
non-infringement in either the District Court or the Federal
Circuit. ii) Rodime's state law claims under the tort law of California of
unfair competition and interference with Rodime's business for
Seagate's prospective economic advantage. The District Court had
held that Rodime did not allege facts sufficient to state a cause
of action for trial. However, the Federal Circuit found that there
was sufficient issues of fact for these to be remanded for trial
on their merits.
Additionally, the Court found against Seagate in its appeal for a hearing on the issues of inequitable conduct and the award of attorneys' fees. Also, the Court upheld the decision of the District Court in Seagate's favour excluding Rodime's claims for consequential business damages in addition to its claims for a reasonable royalty. The exclusion of consequential damages is not considered by the Directors to be material to the suit.
The case has been sent back down to the District Court for further proceedings in that Court, which may include a trial to determine whether Seagate infringes Rodime's patent and for trial on the merits of Rodime's state law claims.
Seagate, however, has the right to ask the Federal Circuit to reconsider its decision, and to ask for rehearing of the appeal by all of the Federal Circuit judges en banc. It also has the right to ask for review by the U.S. Supreme Court by writ of certiorari.
Although the Directors cannot accurately predict whether there will be any appeal against these judgements, what the outcome of those appeals might be, or the timing or outcome of the trial process, however they are very encouraged by the decisions of the Court of Appeal and its interpretation of Rodime's patent claims. Therefore, the company will seek to proceed to a jury trial as soon as possible. |
