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Text File | 1991-08-25 | 4.3 KB | 87 lines | [TEXT/GEOL] |
- HAYES AND EVEREX REACH SETTLEMENT OF PATENT LITIGATION
-
- Contact:
- HAYES MICROCOMPUTER PRODUCTS, INC.
- Beth Logan/Peggy Ballard
- P.O. Box 105203
- Atlanta, Georgia 30348
- Telephone: 404/840-9200
- Fax: 404/441-1238
- AppleLink: D5614
-
- EVEREX SYSTEMS, INC.
- 415/683-2421
- 415/683-2491 FOR IMMEDIATE RELEASE
- Kimball Brown/Anne Butler H-1891
-
- Atlanta, GA, 21 Aug 1991 -- Hayes Microcomputer Products, Inc. and Everex
- Systems, Inc. jointly announced today that they have reached an amicable
- settlement of the patent litigation between the two companies involving the
- Heatherington '302 Patent owned by Hayes. As part of the settlement, Everex
- joined the increasing number of modem manufacturers who have taken a
- royalty-bearing license under the Patent. Everex also agreed to pay Hayes $2.5
- million in satisfaction of the judgement awarded to Hayes for past
- infringement.
-
- On 25 January 1991, a San Francisco Jury found that the Heatherington '302
- Patent was valid and that Everex and co-defendants, Ven-Tel Systems, Inc. and
- OmniTel, Inc., had each willfully infringed the Patent. The Jury awarded
- damages to Hayes totalling $3.5 million, with Everex's portion totalling $1.6
- million. Because of the Jury's finding of willful infringement, Judge Conti,
- in his ruling of 22 April 1991, doubled the damages and awarded Hayes
- attorneys' fees and expenses of litigation. In addition, the Judge issued an
- injunction against further infringement, but stayed that injunction with
- respect to the defendants pending the appeal, so long as they pay royalties for
- use of the Patent. Although Everex initiated an appeal of the rulings against
- it, Everex has dropped its appeal as part of the settlement and has agreed with
- Hayes to end the litigation between the companies. This decision releases
- Everex of the necessity of continuing with the posting of bonds and payment of
- other substantial expenses related to the litigation.
-
- "We are pleased with Everex's decision to settle this litigation and hope
- that this decision will encourage more companies to come to the table to
- discuss taking a license with Hayes instead of requiring the expense of a trial
- and risking increased damages with a finding of willful infringement," said
- Hayes President Dennis C. Hayes.
-
- Hal Clark, President of Everex, expressed satisfaction with the
- settlement. "We are pleased that the uncertainty and expense of the appeal
- process is now behind us," stated Clark. "The resolution of this matter opens
- up new avenues of opportunity for our two companies."
-
- The settlement with Everex does not involve OmniTel and Ven-Tel, the other
- defendants from the San Francisco case. Those parties have appealed the
- adverse decisions against them. "We expect a favorable ruling from the
- appellate court against these two parties in the near future," said Hayes.
-
- Companies may obtain further information about Hayes Licensing Program for
- its 40 U.S. Patents and corresponding foreign patents by contacting Hayes
- Business Development/Intellectual Property Licensing at Hayes World
- Headquarters (P.O. Box 105203, Atlanta, Georgia 30348).
-
- Everex Systems, Inc., a computer industry leader headquartered in
- Fremont, California, designs, manufactures, and supports a complete family of
- personal computers and peripherals. Everex products are distributed through a
- worldwide dealer and VAR network. Information on the company and its products
- can be obtained through its toll-free number: 800/821-0806.
-
- Best known as the leader in microcomputer modems, Hayes develops, supplies
- and supports computer communications equipment and software for personal
- computer and computer communications networks. The company distributes its
- products through an international network of authorized distributors, dealers,
- and original equipment manufacturers.
-
- This information is provided by the product's developer or distributor and
- constitutes neither an endorsement nor a recommendation by Apple Computer,
- Inc.. Apple assumes no responsibility with regard to selection, performance or
- use of this product. All understandings, agreements and warranties, if any,
- take place directly between the developer and the prospective user.
-
- News Break
- News Beat
- Third Party News Beat
- 21-Aug-91
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