Friday, October 15, 2010
Sidense Reports: US Court Rules That "No Further Amendments of the Complaint Will Be Allowed" by Kilopass
Sidense further strengthens position in Kilopass Litigation
Ottawa, Canada – October 15, 2010 - Sidense, a leading developer of Logic Non-Volatile Memory (LNVM) IP cores, announced that Judge Illston has granted Kilopass permission to file its proposed Second Amended Complaint (Kilopass's third version of a complaint), but ruled that "No further amendments of the complaint will be allowed." Judge Illston noted that this mooted Sidense's motion to dismiss Kilopass' prior complaint, but ruled that "if [Sidense] determines that issues as to [the complaint's] sufficiency remain, it may file an appropriate motion [to dismiss]."
Kilopass' Second Amended Complaint limited Kilopass' broad patent infringement claims to much narrower claims for indirect infringement, i.e., inducing and contributory infringement. While this satisfied one of Sidense's objections to the legal sufficiency of Kilopass's vague, nonfactual complaint, it raises new insufficiencies, and ignores others.
Commenting on the ruling, Sidense's CEO Xerxes Wania said, "Sidense is delighted with this ruling. It is now clear that Kilopass has had its third and final chance to file a legally sufficient complaint. Sidense will now file a renewed motion to dismiss this Second Amended Complaint, and we expect this motion to result in a dismissal of at least some, and perhaps all, of Kilopass's remaining claims against Sidense, all of which are vague and factually unsupported."
"We could not have hoped for a better result," said Roger Cook of Townsend and Townsend and Crew, lead attorney for Sidense. "Kilopass has had its three strikes. From here on out, it will need to live with the legal insufficiency of its vague and factually unsupported complaint. Sidense will now file a renewed motion to dismiss. Kilopass should be chilled by this ruling."
About Sidense Corp.
Sidense Corp. provides secure, reliable and cost-effective non-volatile, one-time programmable (OTP) memory IP for use in standard-logic CMOS processes with no additional masks or process steps required and no impact on product yield. The Company's innovative one-transistor 1T-Fuse™ architecture provides the industry's smallest footprint, most reliable and lowest power Logic Non-Volatile Memory (NVM) IP solution. With over 70 patents granted or pending, Sidense OTP provides a field-programmable alternative solution to Flash, mask ROM and eFuse in many OTP and MTP applications.
Sidense OTP memory, embedded in over 120 customer designs, is available from 180nm down to 40nm and is scalable to 28nm and below. The IP is offered at and has been adopted by all top-tier semiconductor foundries and selected IDMs. Customers are using Sidense OTP for analog trimming, code storage, encryption keys such as HDCP, WHDI, RFID and Chip ID, medical, automotive, and configurable processors and logic. For more information, please visit www.sidense.com.