Solomon Announces Toyota Patent Infringement Appeal
TARPON SPRINGS, Fla., June 1 -- Solomon Technologies, Inc. (BULLETIN BOARD: SOLM) announced today that it will appeal the final determination of the United States International Trade Commission (ITC) regarding Solomon's claim of patent infringement against Toyota Motor Corporation, and certain of its affiliates, to the Court of Appeals for the Federal Circuit (CAFC) in Washington, DC. The Commission ruled, on April 30, 2007, that there was no violation of Section 337 of the Tariff Act of 1930, as amended.
"We were clearly surprised by the initial determination by the Administrative Law Judge (ALJ) and, after careful consideration, we have concluded that there were serious errors made in interpreting the pertinent patent law and precedents in this case leaving us no option but to appeal the case to a court with particular expertise in this field." said Gary G. Brandt, Chief Executive Officer of Solomon. "The CAFC is the primary court in the United States which hears appeals of patent cases from the lower district courts or from the ITC. We strongly believe that a proper interpretation of the law, and precedents of the Appeals Court, will result in a reversal of the most critical aspects of the ALJ's decision."
Mr. Brandt continued, "As those who have followed this case closely know, we determined some time ago that the ITC venue would provide a more streamlined path to resolving this matter. Because the ITC is not a judicial court, however, its findings are not binding on any other courts to which Solomon might bring the case in the future. We believe that the CAFC is the appropriate forum by which to establish the proper interpretation of our patent claims and to provide us with future options to pursue full and fair remedies at either the ITC or the Federal Court in Florida."
As previously announced Solomon brought suit against Toyota Motor Corporation, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Manufacturing North America in the United States District Court for the Middle District of Florida, Tampa Division, on September 12, 2005, claiming infringement of Solomon's U.S. Patent Number 5,067,932, primarily relating to Toyota's use of the Hybrid Synergy Drive technology in its Prius and Highlander Hybrid vehicles. On January 11, 2006, Solomon filed an additional complaint against Toyota with the ITC seeking to exclude importation of the infringing technology. The action against Toyota and its affiliates in the United States District Court for the Middle District of Florida, Tampa Division, has been stayed pending resolution of the ITC action.
Information about Solomon Technologies, Inc.:
Solomon Technologies, Inc., through its Motive Power and Power Electronics divisions, develops, licenses, manufactures and sells precision electric power drive systems, including those utilizing its patented Electric Wheel(TM), Electric Transaxle(TM) and hybrid and regenerative technologies as well as direct current power supplies and power supply systems requiring high levels of reliability and ruggedness for defense, aerospace, marine, commercial, automotive, hybrid electric and all electric vehicle applications.