Maxwell Technologies, Inc. (Nasdaq: MXWL) announced that a California federal district court issued an order in favor of Maxwell’s patent infringement suit against Nesscap.
In October 2006, Maxwell accused Nesscap of infringing on two of its ultracapacitor patents. Nesscap then countersued, filing a patent infringement action against Maxwell in federal district court in Delaware in December 2006. In January, over Nesscap’s objection, Maxwell moved to have the Delaware action transferred to the district court in San Diego. That request was granted by the Delaware district court on March 29, 2007. Thus, both lawsuits will be decided by a court and, if necessary, a jury in federal district court in San Diego.
The court determined that Maxwell would be irreparably harmed if a preliminary injunction does not issue. As a result, U.S. District Judge John A. Houston ruled that a preliminary injunction will issue, prohibiting Nesscap from making, using, selling or offering to sell its prismatic ultracapacitors in the United States while the litigation is pending.
The court set a May 18, 2007 hearing date to determine if a preliminary injunction should also issue against all of Nesscap’s ultracapacitor products based on Maxwell establishing a likelihood of success in that all Nesscap products infringe claims of the second patent asserted in the lawsuit.
“We are gratified that the court found the evidence we presented compelling enough to grant this preliminary injunction,” said Dr. Richard Balanson, Maxwell’s president and chief executive officer. “As we stated when we filed suit, Maxwell has invested millions of dollars and many years of research in developing our ultracapacitor technology and we are determined to protect our innovations.”
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