OPTi 8K - OPTi Receives $19.0 Million Verdict in Patent Infringement Lawsuit Against Apple Inc.

OPTi Inc (OTCBB:OPTI) today announced that a jury from the United States District Court for the Eastern District of Texas ruled in OPTi’s favor in the patent infringement trial between OPTi Inc (“OPTi”) and Apple Inc. (“Apple”), relating to OPTi’s U.S. patent No. 6,405,291, entitled “Predictive Snooping of Cache Memory for Master-Initiated Accesses.” The jury ruled on the following four issues:

• In the matter of wilfull infringement, the jury ruled that Apple wilfully infringed OPTi’s patent;
• In the matter of Apple’s defense that OPTi’s patent was invalid due to obviousness, the jury ruled that OPTi’s patent was valid;
• In the matter of Apple’s defense that the patent was invalid due to anticipation, the jury ruled that the OPTi’s patent was valid;
• In the matter of damages, the jury awarded OPTi $19 million for Apple’s infringement of OPTi’s patent.
  

The court had ruled previously that Apple had infringed the OPTi patent at issue on April 3, 2009.

OPTi Receives Rulings on Summary Judgment Motions in Patent Infringement Action Against Apple Inc.

Palo Alto, CA., April 4, 2009 – OPTi Inc (OTCBB:OPTI) today announced that the United States District Court for the Eastern District of Texas issued rulings in the ongoing patent infringement action between OPTi Inc (“OPTi”) and Apple Inc. (“Apple”). The rulings arise from motions filed by both parties and argued before the court on April 2, 2009.
The rulings as issued on April 3, 2009 are:

• The court granted OPTi’s summary judgment motion that Apple’s accused products infringe the patent at suit and denied Apple’s cross-motion for summary judgment that its products do not infringe the patents-in-suit.
• The court denied Apple’s motion seeking summary judgment that OPTi was entitled to no pre-suit damages for certain products. The Court ruled that whether OPTi had given Apple proper notification of infringement on those products is a question for the jury to decide.
• The court granted in part and denied in part Apple’s motion seeking to exclude the opinions of OPTi’s damages expert. The court ruled that the facts in the case do not support application of the entire market value rule, and that OPTi’s expert would be allowed to present to the jury the balance of the opinions that were the subject of Apple’s motion.
  

The trial of OPTi’s claims against Apple is scheduled to begin on April 17, 2009. On January 16, 2007, the Company announced that it filed a complaint against Apple, in the Eastern District of Texas, for infringement of its U.S. patents covering its “pre-snoop” technology. The patent currently at issue in the lawsuit is U.S. patent No. 6,405,291, entitled “Predictive Snooping of Cache Memory for Master-Initiated Accesses”.

Intel 10K

Wafer fabrication flows and facilities:

• 45nm on 300mm wafers in Arizona, New Mexico and Israel for Microprocessors
• 65nm on 300mm wafers in Ireland, Arizona, Oregon for Chipsets & microprocessors
• 90nm on 300mm wafers in Ireland for Chipsets & microprocessors & other
• 130nm on 200mm wafers in Oregon, Massachusetts, Arizona, California for Chipsets
• 65-130nm on 200mm wafers in Ireland for NOR flash memory
• 180nm and above on 200mm wafers in Ireland for chipsets
  

Customer concentration: "In 2008, Hewlett-Packard Company accounted for 20% of our net revenue (17% in 2007) and Dell Inc. accounted for 18% of our net revenue (18% in 2007). No other customer accounted for more than 10% of our net revenue."

Employees: "As of December 27, 2008, we had approximately 83,900 employees worldwide, with more than 50% of these employees located in the U.S. Worldwide, we had approximately 86,300 employees as of December 29, 2007 and 94,100 as of December 30, 2006."

Non-Marketable Equity Investments: "The carrying value of our non-marketable equity investment portfolio, excluding equity derivatives, totaled $4.1 billion as of December 27, 2008 ($3.4 billion as of December 29, 2007). The majority of the balance as of December 27, 2008 was concentrated in companies in the flash memory market segment and wireless connectivity market segment. Our flash memory market segment investments include our investment in IMFT of $1.7 billion ($2.2 billion as of December 29, 2007), our investment in IM Flash Singapore, LLP (IMFS) of $329 million ($146 million as of December 29, 2007), and our investment in Numonyx of $484 million. Our wireless connectivity market segment investments include our non-marketable investment in Clearwire LLC of $238 million........In addition, we regularly invest in non-marketable equity instruments of private companies, which range from early-stage companies that are often still defining their strategic direction to more mature companies with established revenue streams and business models." "During the fourth quarter of 2008, we recorded a $762 million impairment charge on our investment in Clearwire Communications, LLC (Clearwire LLC)..........We recorded a $250 million impairment charge on our investment in Numonyx B.V. during the third quarter of 2008."

NAND supply agreement with Apple: "In connection with an agreement between Intel and Apple, Inc. to supply a portion of the NAND flash memory output that we will purchase from IMFT, Apple provided a refundable $250 million pre-payment to Intel. In the fourth quarter of 2008, the NAND flash memory supply agreement was terminated, and the remaining portion of the pre-payment of $167 million was refunded to Apple."