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Avago Technologies Defends Its Intellectual Property

Intellectual property is the lifeblood of all market-leading technology companies. Such is the case with Avago Technologies (formerly Agilent Technologies Semiconductor Products Group). Avago Technologies pioneered optical sensing for mouse technology and supplies these sensors to optical mouse manufacturers worldwide. During the past 15 years, Agilent/Avago has invested extensively in research and development for these products and has developed an impressive intellectual property portfolio. This portfolio holds numerous imaging and navigation patents that cover the state-of-the-art optical sensing technology that is fundamental in making an optical mouse. Since their introduction, optical mouse products powered by Avago's optical sensing technology have established themselves as the standard in computer input devices. In fact, Avago has shipped more than 800 million laser and LED optical mouse sensors since release of its first navigation sensor in 1999.

In addition to the numerous patents relating to imaging and optical navigation in countries around the world, Avago Technologies has many pending patent applications. Avago believes that it is important to protect these extensive intellectual property assets, and has already taken steps to do so. Avago also believes that it is important to inform others of the legal actions that it has taken so far:

  • Settlement with Major U.S. Retailer (September 2003): Agilent negotiated a cease and desist settlement agreement with CompUSA, which is a major U.S. retailer of optical mice. Under the agreement, CompUSA agreed to stop selling unlicensed optical mice containing sensors that infringe Agilent's patents.
  1. See Sept. 18, 2003 press release: Agilent Technologies Settles Dispute with CompUSA over Optical Mouse Sensor Intellectual Property Rights
  2. See related press coverage:
   
   
  • Suit by Agilent v. PixArt (December 2003): Agilent filed suit against PixArt for infringement of Agilent s U.S. Patent No. 6,433,780. Agilent demanded a jury trial. Agilent filed this suit in response to a declaratory judgment suit filed against Agilent by PixArt.
  1. See attached copies of PixArt's complaint:
   
   
  2. See Jan. 6, 2004 press release: Agilent Technologies Sues PixArt Imaging for Patent Infringement Relating to Optical Mouse Sensor Technology
  3. See related press coverage:
   
   
   
  • Suit by Agilent v. PixArt (October 2004): Agilent filed an amended suit against PixArt for infringement of Agilent's additional U.S. Patent Nos. 5,686,720 and 5,786,804. Agilent demanded a jury trial.
  1. See attached copy of Agilent's complaint: PixArt Answer and Second-Amended Counterclaim
  2. See Oct. 25, 2004 press release: U.S. District Court Grants Agilent Technologies Motion to Add Two Patents to Lawsuit Against PixArt Imaging
  3. See related press coverage:
   
   
  • Suit by Agilent v. Elan (December 2004): Agilent filed suit against Elan Microelectronics Corp. and Elan Information Technology Group for infringement of Agilent's U.S. Patent Nos. 6,433,780 and 5,786,804. Agilent demanded a jury trial.
  1. See attached copy of Agilent's complaint: Elan Complaint
  2. See Dec. 21, 2004 press release: Agilent Technologies Files Patent Infringement Lawsuit Against Elan Microelectronics
  3. See related press coverage:
   
   
   
   
  • Suit by Agilent v. PixArt (December 2003): On July 27, 2005, the U.S. District Court for the Northern District of California issued a preliminary ruling in Agilent's patent infringement lawsuit against PixArt Imaging Inc. In the claim construction hearing, the Honorable Judge James Ware determined the meaning of several disputed terms and phrases in the patent being litigated -- U.S. Patent No. 6,433,780.
  1. See July 27, 2005 press release: U.S. District Court Issues Preliminary Ruling in Agilent Technologies' Patent Infringement Lawsuit Against PixArt Imaging
  2. See related press coverage:
   
  • Suit by Agilent v. Elan (December 2004): On Oct 4, 2005, the U.S. District Court for the Northern District of California denied without prejudice Elan Microelectronics Corp.’s motion to dismiss for lack of personal jurisdiction in the patent infringement lawsuit Agilent filed against Elan. In the motion, Elan had argued that as a Taiwanese corporation it could not be sued by Agilent for patent infringement in the United States.
  • Suit by Agilent v. PixArt (December 2003): On July 13, 2006, Avago Technologies and PixArt Imaging Inc. announced the final settlement of Avago’s patent infringement actions against PixArt in the U.S. District Court for the Northern District of California and in Taiwan. Under the terms of the settlement, the parties agreed to dismiss all pending legal claims and entered into a patent cross-license for LED and laser optical mouse applications. Avago would receive an undisclosed balancing payment and ongoing royalties from PixArt under specific terms and conditions.
  • Suit by Avago v. Elan (Sep 2006): On Sep 18, 2006, Avago Technologies filed a suit in Taiwan Hsin Chu District Court against Elan Microelectronics Corporation for patent infringement. Avago Technologies asserted that Elan sensors in optical mice that were imported to, exported from or distributed or sold in Taiwan infringed its patent number 207503 “Seeing Eye” Mouse for a Computer System.” 
  • Suit by Agilent v. Elan (December 2004): On Feb 12, 2007, Avago Technologies Inc. announced that the U.S. District Court for the Northern District of California denied without prejudice Elan Microelectronics Corp.’s motion to dismiss for non-infringement of Avago’s patent 6,433,780 in the patent infringement lawsuit Avago filed against Elan. In the motion, Elan had argued on technical terms that it did not infringe Avago’s patent 6,433,780. With the court’s decision, Avago’s lawsuit would  proceed against Elan.

"We are concerned that optical mice made with non-Avago optical mouse sensors may infringe upon Avago-owned patents. We will protect our vital corporate assets and research and development investments by taking appropriate action against companies that we determine are violating Avago's patents." said Chong Khin Mien, Vice President and General Manager, Navigation Interface Division Avago Technologies

Avago can take legal action against unlicensed parties making, selling, offering to sell or importing products that infringe Avago's patents. Such parties may include makers of navigation sensor chips, semiconductor lasers, optical mice and laser mice products, as well as distributors and retailers of these products.

For More Information

To learn more about Avago Technologies LED and laser optical navigation intellectual property, please contact spgweb.response@avagotech.com.