Wavestream Corporation Intends to Appeal Court's Decision On Patent Infringement Lawsuit Against Cap Wireless


SAN DIMAS, Calif., March 16, 2007 (PRIME NEWSWIRE) -- Wavestream Corporation (www.wavestream.com), a manufacturer of a new generation of compact high-efficiency solid-state power amplifiers, today announced that it intends to file an appeal following this week's ruling on its patent infringement lawsuit against CAP Wireless, Inc. The suit was filed in the U.S. District Court for the Central District of California.

Wavestream intends to file the appeal based on its belief that the court's interpretation of the scope of the patents is incorrect. The primary dispute was regarding the interpretation of the term "slotline," and Wavestream believes that the court erred by essentially limiting the claims to cover only the specific examples of a slotline shown in the figures, and also refused to give full effect to the use of the term slotline in the text of the patent where it was used without any limiting description.

Wavestream believes that the court's approach to claim interpretation was contrary to well-established patent law that a patent's claims are not to be limited to the examples provided in the patent. The court also improperly awarded the defendant summary judgment under the Doctrine of Equivalents despite the fact that CAP Wireless never moved for summary judgment on that ground. The court recognized that CAP Wireless' original motion did not seek a ruling on equivalents, but nevertheless granted that relief without giving Wavestream an opportunity to present evidence in response. The court also unjustifiably ignored evidence in the record to conclude that there was no evidence to support Wavestream's position that infringement by equivalents could be proven.

Wavestream intends to file its appeal in the coming weeks.

ABOUT WAVESTREAM

Wavestream is the world leader in producing next-generation, compact, highly efficient solid-state power amplifiers. Wavestream was founded by an engineering and management team that had worked together at the California Institute of Technology (Caltech) developing one of the company's core technologies. Wavestream has pioneered the use of spatial power combing to create solid-state power amplifiers that are unrivaled in terms of size, weight, efficiency and reliability.



            

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