Xilinx to appeal verdict that could top $60M

Xilinx plans to appeal verdict in patent lawsuit; damages, royalties could top $60 million

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NEW YORK (AP) -- Programmable chip maker Xilinx Inc. said Monday that it plans to appeal Friday's $15.4 million verdict against it in a patent infringement lawsuit brought by German computing technology developer PACT XPP Technologies.

Including damages that have yet to be determined, Xilinx could owe more than $60 million.

PACT sued Xilinx and Avnet Inc., which sells electronics and parts to businesses, in December 2007 in the U.S. District Court for the Eastern District of Texas, Marshall Division. PACT claimed the two companies infringed on 11 of its patents.

A judge dismissed the claims concerning nine of the patents before the trial. Regarding the two remaining patents, PACT claimed Xilinx and Avnet infringed on them by selling certain Xilinx-branded computer chips. The jury agreed.

Xinlinx said in a filing on Monday with the U.S. Securities and Exchange Commission that it also plans to evaluate other options.

The jury awarded PACT about $15.4 million as damages and royalties on past Xilinx sales.

The judge in the case will determine any potential damages for the infringement. No date has been set for that ruling. The dollar amount could be three times the damages and royalties on selling the chips, Xilinx said.

Shares of Xilinx rose 54 cents, or 2.1 percent, to $31.96 by mid-afternoon Monday. That's about halfway between the stock's trading high of $37.74 and low of $26.55 for the past 52 weeks.

Avnet shares were up 45 cents to $30.76, roughly the middle of their full-year trading range from $23.69 to $37.03.

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