To: John Rieman who wrote (36360 ) 9/30/1998 6:50:00 PM From: BillyG Respond to of 50808
CREAF and ESST settle lawsuit.... techweb.com Creative Settles Suit With ESS Technology (09/30/98 8:21 a.m. ET) By Mark Hachman, Electronic Buyers' News Creative Technology announced Tuesday that it settled its suit with ESS Technology, a competitor in the PC audio market. Terms of the settlement were not disclosed. In March, the Taiwanese sound card maker, Creative, had filed separate suits against two companies: Fremont, Calif.-based ESS, a manufacturer of audio chips, and San Jose, Calif.-based Diamond Multimedia Systems. To date, Creative and Diamond have not publicly resolved their lawsuit. Representatives from both Creative and Diamond did not return calls by publishing deadline time. At issue was Creative's patent #5, 698,803, which concerned the use of on-chip cache memory employed by a "digital sampling instrument," according to an ESS spokesman. Creative had charged that ESS' Maestro family of audio chips had infringed the patent. The second suit also named Diamond's S70 Sonic Impact PC audio add-in card, which used ESS' Maestro-II chip. That card has been discontinued and is not available, according to information posted on Diamond's website. Also in March, Creative and its subsidiary, E-mu-Systems, filed a separate patent-infringement suit against another manufacturer of audio chips, Fremont, Calif.-based Aureal Semiconductor. In August, Aureal asked a Northern California federal judge to dismiss the case, while Creative responded by asking for a preliminary injunction against sale and shipment of Aureal's own Vortex 2 chips. According to an Aureal spokesman, no decision on either request has been delivered.