In Response to SMART Modular Technologies' Request for Reexamination, Patent Office Rejects All Claims of a Second Netlist Paten
17 Maio 2011 - 10:27AM
Marketwired
SMART Modular Technologies (WWH), Inc. ("SMART" or the "Company")
(NASDAQ: SMOD), a leading independent manufacturer of memory
modules and solid state storage products, today announced that the
United States Patent & Trademark Office ("USPTO") has rejected
all claims in a second Netlist patent, U.S. Patent No.
7,289,
386, in a first office action in
SMART's reexamination of the
'386 patent.
Netlist's '386 patent describes technology
associated with high density registered DIMMs and is related to its
U.S. Patent No. 7,619,912 for which the
Patent Office recently rejected all of its 51 claims in another
reexamination brought by SMART. Netlist has referred to the
technology of the '912 patent as enabling
HyperCloud Memory.
The USPTO rejected Netlist's '386 patent
claims on multiple grounds including that SMART's Patent
Application No. 2006/0117152 invalidates
claims. As previously indicated, SMART believes that its
'152 application shows that SMART engineers
invented "rank multiplication" technology in 2003. As SMART's
'152 application was filed before Netlist's
'386 Patent, SMART believes that Netlist is
not entitled to the '386 patent.
Iain MacKenzie, President and CEO of SMART, commented, "We are
very pleased that the USPTO has adopted our arguments and has
initially rejected all of Netlist's '386
patent claims. We remain committed to our strategy of developing
and protecting leading edge technology that can be commercialized
in significant applications."
Forward-Looking Statements Statements
contained in this press release including the quotations attributed
to Mr. MacKenzie, that are not statements of historical fact,
including any statements that use the words "will," "believes,"
"anticipates," "estimates," "expects," "can," "intends" or similar
words that describe the Company's or its management's future
expectations, plans, objectives, or goals, are "forward-looking
statements" and are made pursuant to the safe-harbor provisions of
the Private Securities Litigation Reform Act of 1995. These
forward-looking statements include those related to the Company's
intellectual property, beliefs about the invalidity and/or priority
of patents and/or patent applications, the ownership of
intellectual property rights, projections regarding the Company's
financial performance, and the success of our strategic initiatives
including patent prosecution.
Such forward-looking statements involve known and unknown risks,
uncertainties and other factors that could cause the actual results
of the Company to be materially different from the historical
results and/or from any future results or outcomes expressed or
implied by such forward-looking statements. Factors that would
cause or contribute to such differences include, but are not
limited to, the PTO not agreeing with our positions and/or not
proceeding with an interference, competitive factors, new products
and technological changes, difficulties with or delays in the
introduction of new products, inability to commercialize
technologies, customer demand, end user markets, changes in
industry standards or release plans, intellectual property
disputes, and other risks detailed in the Company's periodic report
filings with the Securities and Exchange Commission including the
Company's Annual Report on Form 10-K for fiscal 2010 and its
Quarterly Reports on Form 10-Q for the quarters ended November 26,
2010 and February 25, 2011. Such risk factors as outlined in these
reports may not constitute all factors that could cause actual
results to differ materially from those discussed in any
forward-looking statement. The Company operates in a continually
changing business environment and new factors emerge from time to
time. The Company cannot predict such factors, nor can it assess
the impact, if any, from such factors on the Company or its
results. Accordingly, our future results may differ materially from
projections and investors are cautioned not to place undue reliance
on any forward-looking statements. Forward-looking statements
should not be relied upon as a prediction of actual results. These
forward-looking statements are made as of today, and the Company
does not intend, and has no obligation, to update or revise any
forward-looking statements in order to reflect events or
circumstances that may arise after the date of this press
release.
About SMART SMART is a leading independent
designer, manufacturer and supplier of electronic subsystems to
original equipment manufacturers, or OEMs. SMART offers more than
500 standard and custom products to OEMs engaged in the computer,
enterprise, industrial, networking, gaming, telecommunications,
defense, aerospace and embedded application markets. Taking
innovations from the design stage through manufacturing and
delivery, SMART has developed a comprehensive memory product line
that includes DRAM, SRAM, and Flash memory in various form factors.
SMART also offers high performance, high capacity solid state
drives, or SSDs, for enterprise, defense, aerospace, industrial
automation, medical, and transportation markets. SMART's presence
in the U.S., Europe, Asia, and Latin America enables it to provide
its customers with proven expertise in international logistics,
asset management, and supply-chain management worldwide. See
www.smartm.com for more information.
For More Information Investor Contacts: Suzanne
Craig The Blueshirt Group for SMART Modular Technologies
415-217-7722 Suzanne@blueshirtgroup.com Barry Zwarenstein CFO,
Senior Vice President SMART Modular Technologies 510-624-8134
Barry.Zwarenstein@smartm.com
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