UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of report (date of earliest event reported): October 25, 2012
GSI Technology, Inc.
(Exact name of registrant as specified in its charter)
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Delaware |
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000-33387 |
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77-0398779 |
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(State or other jurisdiction of |
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(Commission File No.) |
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(I.R.S. Employer Identification |
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incorporation) |
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No.) |
1213 Elko Drive
Sunnyvale, California 94089
(Address of principal executive offices)
Registrant’s telephone number, including area code:
(408) 331-8800
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
As previously reported, GSI Technology, Inc. (the “Company”) is a party to a patent infringement investigation currently pending before the International Trade Commission (the “ITC”). The ITC instituted the investigation in July 2011 in response to a complaint filed by Cypress Semiconductor Corp.
On October 25, 2012, Chief Administrative Law Judge Charles E. Bullock issued his initial determination in which he held that the importation of the Company’s static random access memory (“SRAM”) products, and products incorporating them, and the sale within the United States of such products, have not violated applicable federal law with respect to any of the four patents that Cypress had alleged were infringed.
Also on October 25, 2012, the Company issued a press release commenting on Judge Bullock’s ruling. A copy of the press release is attached as an exhibit to this report and incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
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Exhibit No. |
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Description |
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10.1 |
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The Company’s press release dated October 25, 2012. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Date: October 29, 2012
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GSI Technology, Inc. | |
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By: |
/s/ Douglas M. Schirle |
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Douglas M. Schirle |
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Chief Financial Officer |
EXHIBIT 10.1
News Release
ITC Judge Rules in Favor of GSI Technology, Inc. in ITC Litigation with Cypress Semiconductor
SUNNYVALE, Calif.—(BUSINESS WIRE)—Oct. 25, 2012— GSI Technology, Inc. (Nasdaq: GSIT) today reported that Chief Administrative Law Judge Charles E. Bullock issued his initial determination in the patent litigation between GSI and Cypress Semiconductor Corp. pending before the International Trade Commission (the “ITC”).
The ITC investigation was instituted in July 2011 in response to a complaint filed by Cypress. Cypress’ complaint alleged that GSI products, including its SigmaDDR and SigmaQuad families of static random access memory (“SRAM”) products, infringe four Cypress patents and sought an order excluding the allegedly infringing SRAMs, and products containing them, from entry into the United States and permanent orders directing GSI and other respondents (a customer and a distributor) to cease and desist from selling these products in the United States. An evidentiary hearing before Judge Bullock took place in March 2012.
In his initial determination, issued on October 25, 2012, Judge Bullock held that the importation of GSI’s SRAM products, and products containing them, and the sale within the United States of such products, have not violated applicable federal law with respect to any of the four patents that Cypress had alleged were infringed. Detailed findings in support of Judge Bullock’s determination have not yet been released.
Either party may request a review of the initial determination by the full Commission. Requests for Commission review must be submitted in early November 2012. The target date for concluding the ITC investigation is February 25, 2013.
Lee-Lean Shu, GSI’s President and Chief Executive Officer, commented that “We are, of course, pleased with this complete victory. The judge confirmed what we have been saying for over a year — that GSI has not infringed any valid Cypress patents. The victory is particularly satisfying in light of the repeated misleading and defamatory statements made by Cypress management in an attempt to intimidate our customers and other prospective purchasers of GSI’s products. We look forward to resuming competition with Cypress on the basis of the technological superiority of our products.” On a related matter, Shu noted that “We continue to vigorously pursue our antitrust case against Cypress that is pending in the U.S. District Court for the Northern District of California.”
About GSI Technology
Founded in 1995, GSI Technology, lne. is a leading provider of high-performance SRAM products primarily incorporated in networking and telecommunications equipment. Headquartered in Sunnyvale, California, GSI Technology is ISO 9001 certified and has worldwide factory and sales locations. For more information, please visit www.gsitechnology.com.