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DANBURY, Conn., Jan 29, 2008 - Solomon Files Toyota Patent Reply.
Solomon Technologies, Inc. (OTCBB: SOLM | news | PowerRating | PR Charts ) announced today that it has filed it's rebuttal brief on the appeal of the decision of the United States International Trade Commission (ITC) regarding Solomon's claim of patent infringement against Toyota Motor Corporation, and certain of its affiliates, with the Court of Appeals for the Federal Circuit (CAFC) in Washington, DC. As a result of a complaint by Solomon filed in early 2006, the ITC ruled, on April 30, 2007, that there was no violation of Section 337 of the Tariff Act of 1930, as amended. The brief as filed is available for review on Solomon's website.
Solomon's appeal of the ITC's decision is based on the ITC's interpretation of the applicable law and previously established CAFC precedents as they relate to Solomon's '932 patent. Solomon believes that the proper application of the law in this case will result in a reversal of the ITC decision. In its appeal Solomon cites a number of well settled points of law that Solomon believes were either ignored or misapplied by the ITC in the case.
The filing of this appeal does not affect the status of the Company's case in Federal District Court in Florida which is stayed until the outcome of this appeal. It is expected that the appeal at the CAFC will result in oral arguments being heard sometime before June of this year and a decision being issued by the court before the end of 2008.
The CAFC is the primary court in the United States that hears appeals of patent cases from the lower district courts and from the ITC. The points of law raised by Solomon's case have, in part, been established through precedents issued by the CAFC in previous cases.
"As we continue prosecuting our appeal of the Toyota matter, the critical issues in the case have become even more clearly highlighted against the background of the precedents of the CAFC and established patent law," said Peter W. DeVecchis, President of Solomon's Motive Power Division. "In each major component of our appeal we believe the decision of the ITC is in stark contrast with the law. We expect that the Appeals Court will pay particular attention to its own precedents as we move to oral arguments later in the year."
Mr. DeVecchis continued, "As those who have followed this case know, we determined in late 2005 that the ITC venue would provide a more streamlined path to resolving this matter. However, because the ITC is not a judicial court its findings are not binding on any other courts to which Solomon might bring the case in the future. We believe that the appeal to the CAFC not only provides the best forum by which to establish the proper interpretation of our patent claims, but it also gives us a broad set of options to pursue full and fair remedies against Toyota, and other potential infringers, in the future."
As previously announced, Solomon brought suit against Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Manufacturing North America in the United States District Court for the Middle District of Florida, Tampa Division, on September 12, 2005, claiming infringement of Solomon's U.S. Patent Number 5,067,932, primarily relating to Toyota's use of the Hybrid Synergy Drive technology in its Prius and Highlander Hybrid vehicles. On January 11, 2006, Solomon filed an additional complaint against Toyota with the ITC seeking to exclude importation of the infringing technology. The action against Toyota and its affiliates in the United States District Court for the Middle District of Florida, Tampa Division, has been stayed pending resolution of the ITC action.
About Solomon Technologies, Inc.: Solomon Technologies, Inc., through its Motive Power and Power Electronics divisions, develops, licenses, manufactures and sells precision electric power drive systems, including those utilizing its patented Electric Wheel(R) Electric Transaxle(TM) and hybrid and regenerative technologies as well as direct current power supplies and power supply systems requiring high levels of reliability and ruggedness for defense, aerospace, marine, commercial, automotive, hybrid electric and all electric vehicle applications.
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