Dear LED Alliance Members:
Many of you have called and wrote in today about the recent press release issued by Color Kinetics “Court Grants Color Kinetics’ Motion for Summary Judgment Against Super Vision International, Inc. on Three Claims” and asked "What does it mean?"
Well here are the facts. Yesterday, we were notified by the court of their ruling on this summary judgment motion, one of several that are currently before the court. The ruling was based on a technical procedural issue and not on any merits in the case, including any merits on those three claims Super Vision. In fact, Color Kinetics did win a minor victory in this summary judgment, which unfortunately is one of a string of minor victories that are based primarily on procedural and discovery matters. None of these decisions have dealt with the fundamental merits of this case or the issue of whether or not their technology was based on prior art practiced in the industry. We will file a motion for reconsideration on this ruling with the court; however we have can not in any way determine if we will be granted a hearing on this matter. The motion that that was ruled on yesterday was done so without a hearing.
Please realize that this ruling only relates to Super Vision’s counter claims for anti-competitive behavior and in no way limits our existing claims for invalidation of CK’s patents due to prior art.
Super Vision continues to seek discovery and take depositions, despite what we believe to be Color Kinetics' attempts to block that discovery and depositions. To date, although Super Vision’s employees, officers, and attorneys have submitted themselves for deposition, not one single Color Kinetics staff member has presented themselves for depositions in these two separate cases, despite the filing and service of several subpoenas. Super Vision is addressing those issues to the court as well.
We just want to confirm to our supporters that regardless of the legal wrangling in this case, we are still confident that on both the evidence and the facts, we have a basis to convince the jury that the patents were in fact filed on prior art used throughout our industry for many years prior to the patent filing by Color Kinetics.
We will continue to keep you informed and we appreciate your support.
Best Regards,
Brett Kingstone, President/CEO, Super Vision International