Optima Technology Corp is deeply disappointed by today's decision by Judge Selna, in which he disregarded his own rulings in the Markman hearing that we clearly won last year, at that time we thought the Judge showed a reasonably good understanding of the technical issues involved. However, today's ruling clearly demonstrates the limited ability of the court to fully grasp highly technical intellectual property cases such as Optima's.
Since Optima did win the Markman hearing against Napster, Roxio, (NasdaqNM: NAPS), and Sonic Solutions, (NasdaqNM: SNIC), we will continue quickly moving forward to the Federal Court of Appeals and request two things in regards to the decision by Judge Selna:
1. A stay on the recent decision by Judge Selna, and to have it overturned;
2. A temporary restraining order barring Napster, Roxio and Sonic Solutions for again merging and/or selling parts of their companies as is currently planned.
Judge Selna's decision to base key facts of 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.
The CEO of Optima, Robert Adams, said that, '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. If Judge Selna had not felt 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 just further clogs our courts and appeals systems."
Source: Optima
