SUNNYVALE, CA — (Marketwired) — 06/10/13 — (NASDAQ: GSIT) today reported that the International Trade Commission (the “ITC”) has confirmed the initial determination of Chief Administrative Law Judge Charles E. Bullock in the patent litigation between GSI and Cypress Semiconductor Corp., finding that GSI-s memory devices do not infringe the Cypress patents asserted against GSI and other respondents in the proceeding.
The ITC investigation was instituted in July 2011 in response to a complaint filed by Cypress. Cypress- complaint alleged that GSI products, including its Sigma DDR and SigmaQuad families of static random access memory SRAM devices, infringe four Cypress patents and sought an order excluding the allegedly infringing SRAMs, and products containing them, from entry into the United States and permanent orders directing GSI and other respondents (a customer and a distributor) to cease and desist from selling these products in the United States. An evidentiary hearing before Judge Bullock took place in March 2012.
In his initial determination, issued on October 25, 2012, Judge Bullock held that GSI-s SRAM devices do not infringe the asserted patent claims and that Cypress had failed to establish the existence of a domestic industry that practices the asserted patents. Because he found no infringement, Judge Bullock did not consider or rule on the additional arguments of GSI and the other respondents that the Cypress patents are invalid and unenforceable. Following a remand by the ITC, on February 25, 2012, Judge Bullock issued a supplemental initial determination finding the asserted patents to be enforceable and not invalid.
Following its review of Judge Bullock-s initial determination, as supplemented, on June 7, 2013, the ITC announced that the full Commission had affirmed Judge Bullock-s determination that GSI-s SRAM devices, and products containing them, do not infringe the Cypress patents and that Cypress had failed to establish the requisite domestic industry. Moreover, the Commission reversed a portion of Judge Bullock-s supplemental determination with respect to validity, finding the asserted claims of one of the patents to have been anticipated by prior art and, therefore, invalid. The Commission also ordered the investigation terminated.
Lee-Lean Shu, GSI-s President and Chief Executive Officer, commented that “From the outset of this litigation almost two years ago, we have repeatedly expressed our confidence in a favorable outcome. Vindication of our position is satisfying, of course, although that vindication has come at a considerable cost, in legal expenses, management time and inconvenience, not only for us but for a number of our customers as well. We are hopeful that, with the ITC investigation terminated, we can return to competition based on the quality of our products. We continue to believe that we have the most advanced technology in the SRAM industry, and we are confident that we will be successful in competing with Cypress on the basis of our superior technology and product performance.”
Founded in 1995, GSI Technology, Inc. is a leading provider of high-performance SRAM products primarily incorporated in networking and telecommunications equipment. Headquartered in Sunnyvale, California, GSI Technology is ISO 9001 certified and has worldwide factory and sales locations. For more information, please visit .
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Douglas M. Schirle
Chief Financial Officer
408-331-9802
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