SynQor Announces Updated Trial Schedule and Corrects Misinformation
SynQor announced today that the Federal District Court in Texas has now scheduled
the pre-trial conferences in SynQor's patent infringement suits against Cisco and
Vicor for September 15, 2015 and January 13, 2016, respectively. Trials
are expected to commence shortly thereafter in Marshall, Texas. SynQor,
Inc. v. Cisco Systems, Inc. Civil Action No. 2:14-CV-286 E.D. Texas and SynQor,
Inc. v. Vicor Corporation Civil Action No. 2:14-CV-287 E.D. Texas.
SynQor also announced that it is seeking a rehearing of a recent Federal Circuit
decision in Vicor's reexamination of SynQor's U.S. Patent No. 7,072,190 ("'190 patent").
[See attached decision 1]. In that proceeding the Federal Circuit found
that certain claims of the '190 patent are anticipated by a prior art Steigerwald
patent and remanded certain other claims of the '190 patent that are not anticipated
by Steigerwald to the Patent Office for reconsideration in light of the Federal
Circuit's decision. That decision spurred inaccurate press coverage,
including misleading quotes from Vicor's CEO, Dr. Vinciarelli. According
to SynQor's CEO, Dr. Martin Schlecht, "It is unfortunate that Dr. Vinciarelli has
seized on this decision to make false and misleading statements in the press that
appear designed to impugn my character, SynQor's products and SynQor's intellectual
property. SynQor takes strong issue with these statements and eagerly
awaits its day in court."
Rather than engaging in a war of words, SynQor simply points out the following objective
- The Federal Circuit decision has no impact on SynQor's ability to continue the patent
infringement cases against Vicor and Cisco. This remains true whether
the Court grants SynQor's motion for rehearing of its decision or not. First,
only certain claims of the '190 patent were found to be anticipated by prior art. Second,
the '190 patent is only one of four patents asserted against Vicor and one of six
patents asserted against Cisco.
- The claims of the '190 patent that the Federal Circuit remanded to the Patent Office
were previously found to be patentable (not invalid) in three different decisions
by the Patent Trial and Appeal Board ("PTAB"). These decisions all found
the claims at issue were non-obvious for technical reasons, and they also rejected
the hindsight invalidity attacks based on what actually unfolded in the marketplace
(i.e., the real world secondary considerations). [See attached decisions
2, 3, 4].
- The Federal Circuit decision has no impact on SynQor's prior patent litigation case
(the '497 case) against the then known largest suppliers of bus converters. That
case was won by SynQor in a jury trial, it was upheld on appeal to the same Federal
Circuit and it has long since been closed. Moreover, none of the '190
patent claims that the Federal Circuit recently found anticipated were even asserted
at trial in the prior '497 case and thus did not figure in the damages award.
"We firmly believe that we will prevail at trial against both Vicor and Cisco and
that the PTAB will continue to rule in SynQor's favor," stated Dr. Schlecht. "We
also remain committed to protecting our valuable intellectual property against all
infringers, including Vicor and Cisco."
Inquiries concerning the foregoing should be directed to Arthur R. Hofmann, Jr.,
SynQor's Executive Vice President and General Counsel.
1 - CAFC Decision
2 - Murata PTAB Decision
3 - Murata
PTAB Rehearing Decision
4 - Vicor PTAB Decision
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