Immersion to Pursue Damages Against HTC Corporation in District Court
Action accelerates Immersion's potential damages recovery by six months
SAN JOSE, Calif.--(BUSINESS WIRE)-- Immersion Corporation (NAS: IMMR) , the leader in touch feedback technology development and licensing, today announced it is seeking termination of the International Trade Commission's investigation of HTC Corporation for infringement of certain of Immersion's patents and instead will ask for the stay of its lawsuit in the U.S. District Court to be lifted, so that Immersion may prosecute its claim against HTC for damages immediately. The ITC action was originally scheduled for final determination on October 28, 2013, after which the only remedy available to Immersion is an exclusion order against HTC preventing the importation of infringing devices into the United States. By contrast, the remedy available in U.S. District Court includes damages, attorneys' fees, and potentially injunctive relief.
"Given HTC's recent performance in the mobile market, we believe an exclusion order preventing HTC from importing infringing devices would no longer be an impactful win, and we are turning our energies to seeking damages for past and ongoing shipments of infringing devices," said Immersion CEO Victor Viegas. "Due to this change in forum, we anticipate our legal expenses for 2013 will be lower than forecasted and our potential recovery of damages will accelerate by at least six months," concluded Mr. Viegas.
About Immersion (www.immersion.com)
Founded in 1993, Immersion (NAS: IMMR) is the leading innovator in haptic technology; the company's touch feedback solutions deliver a more compelling sense of the digital world. Using Immersion's high-fidelity haptic systems, partners can transform user experiences with unique and customizable touch feedback effects; excite the senses in games, videos and music; restore "mechanical" feel by providing intuitive and unmistakable confirmation; improve safety by overcoming distractions while driving or performing a medical procedure; and expand usability when audio and visual feedback are ineffective. Immersion's TouchSense technology provides haptics in mobile phone, automotive, gaming, medical and consumer electronics products from world-class companies. With over 1,300 issued or pending patents in the U.S. and other countries, Immersion helps bring the digital universe to life. Hear what we have to say at blog.immersion.com.
This press release contains "forward-looking statements" that involve risks and uncertainties as well as assumptions that, if they never materialize or prove incorrect, could cause the results of Immersion Corporation and its consolidated subsidiaries to differ materially from those expressed or implied by such forward-looking statements.
All statements, other than the statements of historical fact, are statements that may be deemed forward-looking statements, including, but not limited to our anticipation that our legal expenses for 2013 will be lower than forecasted and our potential recovery of damages will have been accelerated by at least six months.
Immersion's actual results might differ materially from those stated or implied by such forward-looking statements due to risks and uncertainties associated with Immersion's business, which include, but are not limited to, potential and actual claims and proceedings, including litigation involving Immersion's intellectual property; costs related to enforcing our intellectual property; the fact that litigation is inherently uncertain; delay in or failure to achieve commercial demand for Immersion's or its licensees' products; a delay in or failure to achieve the acceptance of force feedback as a critical user experience; unexpected difficulties in transitioning to a pure IP licensing model and in monetizing the patent portfolio; the commercial success of applications or devices into which Immersion's technology is licensed; potentially lengthy sales cycles and design processes; unanticipated difficulties and challenges encountered in development efforts; unexpected costs; failure to retain key personnel; competition; the impact of global economic conditions and other factors. Many of these risks and uncertainties are beyond the control of Immersion.
For a more detailed discussion of these factors, and other factors that could cause actual results to vary materially, interested parties should review the risk factors listed in Immersion's most recent Annual Report on Form 10-K, which is on file with the U.S. Securities and Exchange Commission. The forward-looking statements in this press release reflect Immersion's beliefs and predictions as of the date of this release. Immersion disclaims any obligation to update these forward-looking statements as a result of financial, business, or any other developments occurring after the date of this release.
Immersion, the Immersion logo, TouchSense, HD Haptics and Reverb are trademarks of Immersion Corporation in the United States and other countries. All other trademarks are the property of their respective owners.
The use of the word "partner" or "partnership" in this press release does not mean a legal partner or legal partnership.
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