United States District Court Grants Preliminary Injunction to Verigy Against Silicon Test Systems, Inc.
March 05 2008 - 9:00AM
Business Wire
Verigy (NASDAQ:VRGY), a premier semiconductor test company, today
announced that on February 29, 2008, the U.S. District Court for
the Northern California District of California, San Jose Division,
granted a preliminary injunction prohibiting defendants Romi Omar
Mayder, Wesley Mayder, Silicon Test Systems, Inc. and Silicon Test
Solutions, LLC from directly or indirectly selling, licensing,
distributing, transferring or marketing Defendants� current
integrated circuit product, Flash Enhancer, �and any product based
on Flash Enhancer� for the next five months. The Court found that
Flash Enhancer �is substantially based upon Verigy�s trade
secrets.� Defendant Romi Mayder was employed at Verigy until
September 2006. While still employed by Verigy, Mayder began a new
business venture and started developing an integrated circuit
product. The Court found that the product�s features described in
�data sheets or other documentation up to September 2006 are likely
to belong to Verigy� pursuant to Mayder�s employment agreement. The
Court also found that �Verigy has presented evidence that many of
the features that defendants assert are new in Flash Enhancer are
relatively unchanged from�[when] Mayder was still at Verigy.� The
February 29, 2008 order is also binding upon anyone in active
concert or participation with Defendants who receives actual notice
of the order. The public version of the injunction order may be
viewed at www.ecf.cand.uscourts.gov. �As Verigy takes its
intellectual property rights very seriously, we are pleased with
the court�s decision,� said Ken Siegel, Verigy�s Vice President and
General Counsel. �The preliminary injunction protects Verigy�s
trade secrets and other intellectual property from unlawful use.�
The litigation began in August 2007 when Verigy sued Defendants for
breach of contract, trade secret misappropriation, statutory and
common law unfair competition, violation of the Computer Fraud and
Abuse Act, Electronic Communications Privacy Act, California Penal
Code � 502, breach of duty of loyalty, intentional interference
with prospective economic advantage, unjust enrichment, violation
of the Lanham Act, and for imposition of a constructive trust. On
August 24, 2007, the Court issued a temporary restraining order
against Defendants, and that order remained in effect until the
preliminary injunction was issued. About Verigy Verigy designs,
develops, manufactures, sells and services advanced test systems
and solutions for the memory and system-on-chip segments of the
semiconductor industry. Verigy�s scalable platform systems are used
by leading semiconductor companies worldwide in design validation,
characterization, and high volume manufacturing test. Information
about Verigy can be found at www.verigy.com.
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