| Taipei, Taiwan,
May 16, 2006 – System General Corporation (SG)
announced today that the Administrative Law Judge
(ALJ) of the United States International Trade Commission
(ITC) has made an Initial Determination in the patent
infringement case in which SG and Power Integrations,
Inc. (PI) are the parties (ITC-337-TA-541). The ALJ
has Initially Determined that SG has infringed certain
claims of US Patent numbers 6,351,398 and 6,538,908.
While SG respects this Initial Determination, it strongly
disagrees with the same and is considering an appeal.
According to SG, most of its products including its
new-generation power ICs have been withdrawn from
this investigation and shall not be negatively impacted
when being imported to the United States, regardless
of the final result of this case.
The complaint
was filed by Power Integrations (PI) on May 9, 2005,
and originally alleged that 20 of SG’s products
had infringed a total of 34 claims from four of PI’s
US patents. During the ITC investigation, however,
PI withdrew its allegations with respect to most of
the allegedly infringed claims of the four patents,
leaving four claims of the 6,351,398 patent and two
claims of the 6,538,908 patent in dispute; the products
being disputed are essentially limited to six chips.
The Initial Determination yesterday found that SG’s
power supply controller ICs infringed the 6,351,398
patent and 6,538,908 patent. This Initial Determination
is preliminary in nature, and the full Commission
will issue a Final Determination by mid-August of
this year. If the Final Determination is unfavorable
to SG, an exclusion order will issue and may become
effective within 60 days of its issuance. However,
a Final Determination by the Commission is still subject
to Presidential Review and appeal to the United States
Court of Appeals for the Federal Circuit, where SG
will continue to defend its products and seek a favorable
decision.
To
protect the interests of our valued customers, SG
has already introduced its new-generation, power IC
products. These successor products have improved performance
with respect to power conversion efficiency and standby
power reduction, and PI and the presiding administrative
law judge withdrew these products from the scope of
the investigation. Thus, these products are protected
from any exclusion order. Moreover, these new products
have been manufactured according to SG’s patents.
Samples of these new IC products have been sent out
for field verification beginning in December 2005
and have received very positive feedback from many
power adaptor manufacturers.
“We are
disappointed with this ruling because SG respects
intellectual property rights, as SG itself develops
many new technologies and obtains patents for the
same. We will wait to review the Commission's Final
Determination, and decide upon our strategy for appealing
the same, if it is indeed unfavorable to SG.”
said Tom Yang, CEO and founder of SG. “SG’s
products are all covered by our own patents,”
said Mr. Tom Yang. He further emphasized that SG has
always endeavored to protect patent rights, stating,
“And over the years, SG has received more than
one hundred patents worldwide, including 50 US patents."
He continued, “Regardless of the outcome reflected
in the Final Determination, we fully support the United
States patent system and recognize the importance
of patent protection to the industry.”
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