Photon Control Files Intellectual Property Lawsuits Against Azbil North
America And Yamatake Corp.
BURNABY, BC, Sept. 22 /CNW/ - Photon Control Inc. ("Photon Control") (TSX-V: PHO) today announced that it has filed two lawsuits in the United States, the first in the United States District Court, Northern District of California at San Francisco against Azbil North America, Inc. ("Azbil") (formerly Yamatake Sensing Control, Ltd.), a California company with offices in Santa Clara, California, and the second in the Superior Court of the State of California, County of Santa Clara, against Yamatake Corp. ("Yamatake"), a Japanese company with offices in Tokyo, Japan, which is the parent company of Azbil.
Photon Control is a global industry leader in the area of optical sensing technology. In 2010, Photon Control learned that Azbil and its parent corporation, Yamatake, had filed several patent applications with the United States Parent and Trademark Office, the Japanese Patent Office and the Chinese Patent Office which are directed to optical temperature sensor technology of the type developed by Photon Control. The Yamatake patent applications describe and disclose optical sensor and temperature probe technology which is substantially similar, if not identical, to trade secret, confidential and proprietary information developed by Photon Control and disclosed to Azbil under strict obligations of confidentiality and non-disclosure. Azbil was not authorized to share the information with Yamatake for any purpose.
Photon Control's claim against Azbil is for damages for breach of contract, including breach of confidentiality, non-disclosure and non-disparagement obligations, misappropriation of trade secrets and interference with Photon Control's rights to its technology, and for an injunction against Azbil to preclude the continued disclosure of confidential information, technology and trade secrets and continued disparagement of Photon Control.
Photon Control's claim against Yamatake is for damages for misappropriation of trade secrets and injunctive relief to prevent Yamatake from further dissemination and publication of Photon Control's trade secrets and confidential information.
"Photon Control invented the optical temperature sensor technology used in its products and has relied upon trade secrecy to protect its technology," said Christopher Weston, President of Photon Control. "Photon Control's engineering and technical staff have disclosed, under confidentiality arrangements, certain technical know-how, proprietary technology and trade secret information which Azbil and its parent company Yamatake have misappropriated. We plan to vigorously enforce our intellectual property rights and are committed to our shareholders and customers to protect the technology investments we have made throughout the years."
Forward-Looking Statements: This news release contains forward looking statements, including statements regarding the business and anticipated financial performance of the Company, and statements about the litigation described above, which involve risks and uncertainties. These risks and uncertainties may cause the Company's actual results to differ materially from those contemplated by the forward-looking statements. Factors that might cause or contribute to such differences include, among others, competitive pressures, competing technologies and the market acceptance of the Company's photonic-based products as a replacement to existing technologies and products, and the costs of, and potential for an adverse outcome from, the litigation described above. Readers are cautioned not to place undue reliance on these forward-looking statements and are encouraged to consider the other risks and uncertainties discussed in and additional information contained in the Company's required financial statements and filings filed on SEDAR at www.sedar.com.
About Photon Control Inc. www.photon-control.com
Photon Control Inc. commercializes and manufactures opto-electronic products for measurement and control. All Photon Control's products have competitive advantages in both performance and cost. Markets for Photon Control's products include semiconductor capital equipment, oil and gas, power industry, life sciences and research.
Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.
For further information:
Company Contact: |
Helena Rebec, Acting Investor Relations Manager 604.422.8861 x 101 [email protected] |
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