Kilopass Files Action Against Key Sidense Patent at United States Patent and Trademark Office

Kilopass Requests Patent Office to Institute Inter Partes Reexamination to Invalidate Sidense Patent 

Santa Clara, Calif. – May 24, 2010 – Kilopass Technology Inc., a leading provider of semiconductor logic non-volatile memory (NVM) IP, announced today that it filed a request at the United States Patent and Trademark Office (USPTO) on May 21, 2010 to reexamine Sidense's U.S. Patent No. 7,402,855, and rule the patent invalid.

“As part of the overall process to vigorously defend our patent position and legal rights, we believe the U.S. Patent and Trademark Office is the appropriate next venue,” said Kilopass CEO Charlie Cheng. “In addition to our recent U.S. Federal District Court action, we believe that the USPTO will validate our position that Sidense does not have the appropriate rights to offer its product for license.”

The USPTO regularly reviews issued patents on behalf of interested requestors to assess invalidity.  In recent years the USPTO has reexamined a substantial number of patents, many of which it has invalidated or limited in scope.  For inter partes reexaminations alone, in 2009, nearly 87% of the cases filed have seen all or some of the claims invalidated or limited in scope.  

In the case of Sidense’s '855 patent, it purports to claim nothing more than the combination of well known peripheral read circuits (commonly known as a sense amplifier) with a One-Time-Programmable (OTP) memory cell with variable gate oxide thickness, on which Kilopass has patent coverage.  Furthermore, Kilopass believes that, as set forth in the petition for re-examination, these peripheral circuitries have been used in various prior art, rendering the Sidense patent invalid.

 “Kilopass has thoroughly reviewed numerous prior art references and has concluded that the patent office should be provided these documents and should reexamine the Sidense patent” said Harry Luan, Kilopass’ CTO.  “With Kilopass’ patents clearly cited as prior art in Sidense’s patents and the prosecution history of Sidense’s patent, they surely must know its product (differential sense amplifier used with a 1T anti-fuse OTP NVM) is based on Kilopass’ 1T antifuse patents.  In addition to seeking a ruling from the USPTO, we are seeking damages in the district court for Sidense’s willful infringement of our patent portfolio.” 

Availability of the Request for Reexamination

Kilopass customers, partners, and interested parties can contact Erika Duscha for a copy of the Request for Reexamination.

About Kilopass

Kilopass Technology, Inc., a leading supplier of embedded NVM intellectual property, leverages standard logic CMOS processes to deliver one-time programmable (OTP) memory. With 54 patents granted or pending and more than 500,000 wafers shipped from a dozen foundries and Integrated  Device Manufacturers (IDM), Kilopass has more than 80 customers in applications ranging from storage of firmware and security codes to calibration data and other application-critical information.  The company is headquartered in Santa Clara, California. For more information, please visit http://www.kilopass.com or email info@kilopass.com.