Optima Technology Corp shows disbelief over Judge Selna's decision to totally disregard his own previous rulings in the Markman hearing.
Irvine (PRWEB) October 27, 2005 -- Optima Technology Corp is deeply disappointed by todays decision by Judge Selna in which he disregarded his own rulings in the Markman hearing that the company clearly won last year. At that time Optima thought the Judge showed a reasonably good understanding of the technical issues involved.
However, todays ruling clearly demonstrates the limited ability of the court to fully grasp highly technical intellectual property cases such as Optimas. Last years Markman ruling in the case against Napster, Roxio, (NasdaqNM: NAPS), and Sonic Solutions, (NasdaqNM: SNIC), affirmed the definitions Optima used in the patent. Optima will continue quickly moving forward to the Federal Court of Appeals and will request the following in regards to the decision by Judge Selna:
1. A stay on the recent decision by Judge Selna, and to have the decision overturned.
2. A temporary restraining order barring Napster, Roxio and Sonic Solutions from again merging and/or selling parts of their companies as is currently planned.
The CEO of Optima, Robert Adams, said, We feel this is a prime example of how a judge can make a mistake by not following his own prior rulings which lay out the ground rules related to terms in Intellectual Property cases. For a judge to simply adopt terms not laid out in his own Markman ruling is senseless. Our team is committed to seeing this through to the end unlike various insiders at Sonic/Roxio/Napster who have been steadily selling off their stocks.
Optima feels that Judge Selnas decision to base his decision on incorrect statements provided by Roxio versus that which were laid out in his own Markman ruling clearly demonstrates that his recent decision was flawed.
Adams further states, If Judge Selna did not feel up to the legal and technical challenges of our case, he should have had it assigned to another Judge instead of kicking it upstairs for the Court of Appeals to deal with. This further clogs our courts and appeals systems.
Founded in Irvine, California in 1990, Optima is a worldwide leader in software, services and Internet technologies for personal and business computing. The company offers a wide range of products and services designed to empower people through great software or hardware -- any time, any place and/or on any device