© cumypah dreamstime.com Components | October 04, 2012
Sidense defeats Kilopass' remaining claims
The United States District Court for the Northern District of California dismissed with prejudice all of Kilopass' remaining business tort claims against Sidense.
With the Court's recent decision granting Sidense summary judgment of non-infringement, this ruling terminates the entire Kilopass case. Although the Court granted Sidense summary judgment of non-infringement against Kilopass' patent claims on August 16, 2012, Kilopass nevertheless continued to pursue its claims for False Advertising under the Lanham Act, intentional interference with prospective economic advantage, and unfair competition. After Sidense successfully excluded virtually all evidence Kilopass intended to present at trial, Kilopass asked the Court to dismiss its remaining claims without prejudice, allowing Kilopass the right to raise these same claims again later. The Court rejected Kilopass' request, dismissing all remaining claims with prejudice preventing Kilopass from raising these claims again in the future. This puts an end to Kilopass' case in the district court. "We couldn't be happier with Judge Illston's ruling, which, in conjunction with our summary judgment win, confirms what we have said since this frivolous lawsuit was filed against us," said Xerxes Wania, Sidense President and CEO. "We do not infringe Kilopass' patents, nor have we committed any business torts. Sidense has patiently taken the high road in defending itself for the past two and one-half years against these baseless allegations. Our diligent approach has finally paid off. We have so many people to thank for these wins, including our team at Sidense, our customers, our investors, our partners, and last, but not least, our legal team at Kilpatrick, Townsend and Stockton."
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