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Xilinx Wins Patent Case Against Altera
November 17, 2000
Questions and Answers
1. To what or to whom does Xilinx attribute this win?
We owe the success of this case to a lot of hard work over many years
by many people on the Xilinx legal team. But more importantly, to the
inventors on the patents in the suit: one of our founders, Ross Freeman,
invented the architecture for the FPGA as we know it today, and his patent
was upheld by this jury. Another early employee of Xilinx, and our current
Chief Technology Officer, is Bill Carter, and it was his "special interconnect"
invention that improved the performance of the FPGA. The jury also upheld
Mr. Carter's patent.
2. Can we expect an appeal from Altera?
We expect Altera to appeal the decision, yes.
3. Are there any other pending suits between Xilinx and Altera?
Yes, there are a number of suits on-going between the two companies.
4. What does Xilinx plan to do next?
We will apply for the issuance of an injunction against all infringing
parts sold by Altera.
5. When will the injunction become effective?
An injunction has not been issued yet, so it is premature to speculate
on when, if at all, an injunction will become effective.
6. How will Xilinx react to a request for a 'stay' in the injunction
if Altera appeals?
Because an injunction has not been issued, it is impossible to speculate.
7. Will Xilinx file for a separate damages trial?
Yes, Xilinx will move toward a damages trial.
8. How long will the damages trial take and when will it begin?
It is too early to answer this question. We are moving for an early trial
on damages, but cannot speculate on when it will be scheduled.
9. What, exactly and simply, was the infringement based upon?
Both the Freeman and Carter patents are valid and both patents were infringed.
10. When did Xilinx first produce the architecture that was the basis
for this infringement?
The patent application was filed in 1984 and issued in 1989. A reissue
was filed in 1991 and was issued by the U.S. Patent Offices in 1993.
11. How long has Altera been shipping these product lines involved in
the infringement?
We have not yet undertaken discovery on this portion of the case.
12. Is there an estimate on the number of units shipped that infringe?
We have not yet undertaken discovery on this case. We will be provided
with the opportunity to explore that information during the damages portion
of the trial. We estimate that over $1 billion of infringing products
have been shipped.
13. What is the estimate of damages and royalties as a result of this
verdict?
It is too early to speculate on this.
14. What was happening with this case for the last 7 years and why did
it take so long?
The case was winding its way through the court system.
15. Who is available for comment from Xilinx?
Contacts are Tamara Snowden, Xilinx Public Relations, (408) 879-6146 or
Tom Lavelle, Vice-President and General Counsel, (408) 879-5085
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