Rodime PLC
19 January 2000
On 16 April 1999 the Company reported the findings of the U.S. Court of Appeal
for the Federal Circuit ('the Appeal Court') in the appeals lodged by the
Company and Seagate against the judgements issued in 1997 by the Central
District Court of California ('the District Court'). In April 1999 the Appeal
Court vacated (i.e overturned) the previous judgements in two important
respects:
i) In 1997 the District Court had interpreted Rodime's patent claims to
include thermal compensation and on this basis decided that Seagate did not
infringe Rodime's patent. The Appeal Court adopted a different
interpretation of these claims and decided that Rodime's claims 3,5,8 and
17 of the '383 patent do not include thermal compensation. The Appeal
Court therefore overturned the District Courts' finding of non-infringement
and sent the case back to the District Court for trial to resolve whether
or not there has been infringement under the new interpretation of Rodime's
claims.
ii) The Appeal Court also vacated the District Court's judgement regarding
Rodime's California state law claims. These claims assert that Seagate
engaged in unfair competition and interference with Rodime's business for
Seagate's prospective economic advantage. The District Court had earlier
held that Rodime did not allege facts sufficient to state a cause of action
for trial. The Appeal Court found that there were sufficient issues of
fact for these to be sent back to the District Court for trial.
On 1 October 1999 Seagate petitioned the US Supreme Court for a review of the
Appeal Court's judgements issued in April 1999. Rodime filed its response brief
with the Supreme Court in December 1999.
On 18th January 2000, the Supreme Court declined Seagate's petition without
comment, upholding the judgements of the Appeal Court.
The Directors are encouraged by the latest decision of the Supreme Court. The
litigation should now proceed to a jury trial in the District Court and
shareholders will be kept informed of progress. The pace and outcome of the
litigation will depend on the actions taken by the District Court and by the
parties.
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