Tuesday, October 6, 2009

OPTi 8K - OPTi and VIA Technologies, Inc. Reach Settlement Agreement in Patent Infringement Action

OPTi Inc (OTCBB:OPTI) today announced that it has entered into a Settlement and License Agreement with VIA Technologies, Inc. (“ VIA ”). The agreement dismisses the lawsuit that the Company filed against VIA in the Eastern District of Texas.

On July 3, 2007, the Company announced that it filed a complaint against VIA in the United Stated District Court for the Eastern District of Texas, for infringement of two U.S. patents. The patents at issue in the lawsuit are U.S. patent No. 5,944,807 and U.S. patent No. 6,098,141, both entitled “Compact ISA-Bus Interface.” The complaint alleged that VIA infringes the patents by making, selling, and offering for sale products based on and incorporating the Low Pin Count Interface Specification and inducing and contributing to the infringement of the patents by others.

In exchange for the Company agreeing to dismiss its lawsuit against VIA with prejudice, VIA has agreed to make two payments, totaling $650,000, to OPTi. Winston & Strawn lawyers Michael L. Brody, Taras A. Gracey and Ethan McComb and McKool Smith lawyers Sam Baxter, Kristi Thomas and Jason Cassady represent OPTi. OPTi has settled with seven of the eight defendants in the lawsuit. Its case against Advanced Micro Devices on the Compact ISA-Bus Interface patents remains, with jury selection to occur in August 2010.