27.05.2008 20:05:00
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Verigy Announces that United States District Court Finds Silicon Test Systems, Inc. in Contempt and Extends Duration of Preliminary Injunction
Verigy (NASDAQ:VRGY), a premier semiconductor test company, today
announced that on May 20, 2008, the U.S. District Court for the Northern
California District of California, San Jose Division, issued an order
finding defendants Romi Mayder, Wesley Mayder, Silicon Test Systems,
Inc. and Silicon Test Solutions, LLC in contempt of court for violating
the Temporary Restraining Order issued by the Court on August 24, 2007.
Romi Mayder was employed at Verigy until September 2006. While still
employed by Verigy, Mayder began a new business venture and started
developing an integrated circuit product. In the most recent ruling, the
Court reiterated its conclusion that the defendants’
product, Flash Enhancer, "is substantially
based upon Verigy’s trade secrets.”
As sanction for the contempt, the Court extended the duration of its
preliminary injunction issued on February 29, 2008. The preliminary
injunction, which prohibits the defendants from directly or indirectly
selling, licensing, distributing, transferring or marketing defendants’
current integrated circuit product, Flash Enhancer, "and
any product based on Flash Enhancer”
originally had a duration of five months. The duration of the
preliminary injunction was extended by an additional four months.
Defendants were also ordered to pay Verigy’s
attorneys fees in connection with the contempt motion.
The preliminary injunction, as extended in duration, is also binding
upon anyone in active concert or participation with defendants who
receives actual notice of the order. The public version of the
injunction order may be viewed at www.ecf.cand.uscourts.gov.
"We had clear and convincing evidence that
the defendants were engaging in conduct that violated the terms of the
temporary restraining order issued in the case,”
said Ken Siegel, Verigy’s vice president and
general counsel. "We are very pleased that,
as we requested, the Court extended the duration of the preliminary
injunction as a remedy for defendants ignoring the Court’s
earlier order.”
The lawsuit began in August 2007 when Verigy sued the defendants for
breach of contract, trade secret misappropriation, statutory and common
law unfair competition, violation of the Computer Fraud and Abuse Act,
Electronic Communications Privacy Act, California Penal Code §
502, breach of duty of loyalty, intentional interference with
prospective economic advantage, unjust enrichment, violation of the
Lanham Act, and for imposition of a constructive trust. On August 24,
2007, the Court issued a temporary restraining order against Defendants,
and that order remained in effect until the preliminary injunction was
issued.
About Verigy
Verigy designs, develops, manufactures, sells and services advanced
semiconductor test systems and solutions for the flash memory,
high-speed memory and system-on-chip (SoC) markets. Verigy’s
scalable platforms are used by leading companies worldwide in design
validation, characterization, and high-volume manufacturing test.
Advanced analysis tools accelerate design debug and yield ramp processes
for Verigy’s customers. Information about
Verigy can be found at www.verigy.com.
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