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2006 News Releases
"FOR IMMEDIATE RELEASE"
CALIFORNIA COURT GRANTS MOSAID'S MOTION TO DISMISS MICRON'S COMPLAINT FOR DECLARATORY JUDGMENT
Court also denies motion by Micron and ProMOS to intervene in Infineon case
OTTAWA, Ontario - October 25, 2006 - MOSAID Technologies (TSX: MSD) today announced that United States District Judge Jeremy Fogel, following an October 20, 2006 hearing, has issued two orders pertaining to motions brought by MOSAID, Micron Technology, Inc. and ProMOS Technologies Inc. before the Northern District of California Court, San Jose Division.
The first order grants MOSAID's motion to dismiss Micron's Complaint for Declaratory Judgment for lack of subject matter jurisdiction on the grounds that MOSAID's conduct was not sufficient to give rise to a reasonable apprehension of imminent litigation against Micron. Micron filed its complaint in the Northern District of California on July 24, 2006, with MOSAID filing its motion to dismiss on July 27, 2006.
The second order issued by Judge Fogel denies Micron's and ProMOS' motions to intervene in the case between MOSAID and Infineon Technologies. The remaining issue before the court in this case is the joint motion filed by MOSAID and Infineon to vacate the claim construction and summary judgment rulings, pursuant to the settlement agreement between the parties. Judge Fogel's order permits Micron and ProMOS to participate as 'amici curiae' for the limited purpose of presenting arguments as to why the motion to vacate should not be granted. The Court has scheduled an oral hearing on the matter for December 22, 2006.
"As a result of these orders, we will likely reach an earlier resolution in our ongoing litigation for patent infringement against Micron, ProMOS and Powerchip Semiconductor Corporation in the Eastern District of Texas, Marshall Division," said George Cwynar, President and Chief Executive Officer, MOSAID.
Copies of the two court orders are available at www.mosaid.com., under Investor Relations, Litigation Updates.
About MOSAID
MOSAID Technologies Incorporated makes semiconductors better through the development and licensing of intellectual property and the supply of memory test and analysis systems. MOSAID counts many of the world's largest semiconductor companies among its customers. Founded in 1975, MOSAID is based in Ottawa, Ontario, with offices in Santa Clara California; Newcastle upon Tyne, U.K; and Tokyo, Japan. For more information, visit www.mosaid.com.
Forward Looking Information
This document and certain other public documents incorporated by reference in this document
contain forward-looking statements to the extent they relate to MOSAID or its management, including those
identified by the expressions "anticipate", "believe", "could", "estimate", "expect", "intend", "may", "plan",
"will", "would" and similar expressions. These forward-looking statements are not historical facts, but rather
reflect MOSAID's current expectations regarding future events. These forward-looking statements are subject to
a number of risks and uncertainties that could cause actual results, performance or achievements to differ
materially from current expectations. Assumptions made in preparing forward-looking statements and financial
guidance include, but are not limited to, the following: MOSAID's continued expansion of its patent portfolio
and of its opportunities for future patent licensing revenue as a result of MOSAID's acquisition of patents and
development of new inventions; DRAM manufacturers continuing to infringe MOSAID's patents; the timing and amount
of MOSAID's litigation expenses; and MOSAID's ability to sign new licensees.
Factors that could cause actual results to differ materially from expected results include, but
are not limited to, the following: declines or unexpected variations in market growth rates for MOSAID's products;
the extent of embedded DRAM proliferation in the System-on-a-Chip markets ;variability in customer deployment
schedules from quarter to quarter; shifts in the mix of products sold; MOSAID's ability to negotiate settlements
with licensees; unfavourable legal rulings in MOSAID's patent litigations; Foreign currency fluctuations;
non-payment by customers/licensees; failure to obtain valuable patents as a result of research and development
activities, or to acquire valuable patents; loss of key employees; change in MOSAID's financial position;
obsolescence of products or inappropriate targeting to markets that fail to materialize; inability to transition
to new technologies to meet customer demand; variations in average sales cycles; key component supply restrictions
and/or cost increases; and critical industry transitions.
MOSAID assumes no obligation to update or revise any forward-looking statements. Additional
information identifying risks and uncertainties affecting MOSAID's business and other factors that could cause
MOSAID's financial results to fluctuate are contained in MOSAID's Annual Information Form, under the section
entitled "Risk Factors", and in MOSAID's other public filings available online at
www.sedar.com.
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