The Court also issued a permanent injunction against the manufacture, use, sale, or import into the United States of the infringing Sony PlayStation system including PlayStation consoles, Dual Shock controllers, and the 47 games found by the jury to infringe Immersion's patents. The Court stayed the permanent injunction pending appeal to the United States Court of Appeals for the Federal Circuit. The Court further ordered Sony to pay a compulsory license fee for the duration of the stay of the permanent injunction at the same rate and conditions as previously awarded in its January 10, 2005 and February 9, 2005 Orders. Sony made a payment to Immersion pursuant to those Orders on February 15, 2005 for the July 1, 2004 through December 31, 2004 period; however, Sony has appealed these Orders.
The Court also found in favor of Immersion on Sony's allegations of inequitable conduct during the prosecution of one of the patents asserted against Sony. In a matter related to the Sony lawsuit, the Court entered an order dismissing certain of the claims brought by Internet Services LLC (ISLLC) against Immersion with prejudice and certain claims without prejudice.
Immersion expects that Sony will appeal the judgment to the United States Court of Appeals for the Federal Circuit. Sony also may post a bond with the Court to stay the obligation to immediately pay the amount of the judgment while appeals are pending.
"The Court's entry of judgment implements last September's jury verdict and the damages award," said Immersion CEO Victor Viegas. "The Court-ordered permanent injunction to stop the shipment and sale of infringing products in the U.S. is an important indicator of the strength of our case and the potential risks involved in this litigation. The compulsory license during the stay of the injunction creates a binding obligation for Sony to compensate us for the continued use of our technology in their PlayStation products. We have always believed, and continue to believe, in the strength of our intellectual property. We remain confident of our position in the appeals process.
"Immersion is built on a strong foundation of innovative technology and intellectual property. We now hold more than 270 patents in our worldwide intellectual property portfolio and have more than 280 patent applications pending. Immersion has a long list of licensees in the automotive, gaming, medical, mobility, and other markets, and we will continue to license our technology under appropriate circumstances. We will also continue to vigorously defend our intellectual property for the benefit of our licensees and shareholders," concluded Viegas.