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COURT GRANTS COLOR KINETICS' MOTION FOR SUMMARY
JUDGMENT
AGAINST SUPER VISION INTERNATIONAL, INC.
ON THREE CLAIMS
Boston, MA - April 22, 2005 -Color Kinetics Incorporated (NASDAQ: CLRK), a pioneer in the design, marketing and licensing of intelligent solid-state lighting systems and technologies, today announced that the United States District Court for the District of Massachusetts granted Color Kinetics' motion for summary judgment regarding three of Super Vision's claims: interference with prospective business relationships, trade disparagement and defamation.
By granting summary judgment for Color Kinetics on these three Super Vision claims, the Court determined that no reasonable jury could find for Super Vision on its claims of interference with prospective business relationships, trade disparagement or defamation and, therefore, no trial need be held on those issues. Furthermore, arguments regarding summary judgment motions with respect to patent validity, enforceability and infringement are expected to be heard by the United States District Court for the District of Massachusetts in May 2005.
As background, in March 2002, Super Vision filed a lawsuit in the United States District Court for the Middle District of Florida seeking a declaratory judgment that certain of Color Kinetics' patents are invalid, that Super Vision's products do not infringe the patents in question, and that the patents are unenforceable. Super Vision subsequently amended the complaint to add claims for interference with prospective business relationships, trade disparagement and defamation. In June 2002, Color Kinetics filed a lawsuit against Super Vision in the United States District Court for the District of Massachusetts alleging that certain products of Super Vision, including solid-state architectural lighting fixtures, pool lights and spa lights, infringe four of the patents at issue in Super Vision's declaratory judgment action; this complaint has been amended to assert infringement of a fifth patent. Super Vision's lawsuit in Florida was transferred by the court to the United States District Court for the District of Massachusetts. Color Kinetics moved for summary judgment that: 1) that the patents at issue are infringed, 2) the patents are valid, 3) the patents are enforceable, and 4) Super Vision's claims of (a) interference with prospective business relationships, (b) trade disparagement and (c) defamation were without merit. Super Vision moved for summary judgment of invalidity and unenforceability with respect to these patents.
There is no further scheduling update with respect to the patent infringement claim brought against Color Kinetics by Super Vision relating to variable color lighting systems which is pending in the United States District Court for the District of Massachusetts.
About Color Kinetics (www.colorkinetics.com)
Color Kinetics Incorporated (NASDAQ: CLRK) is a pioneer in the design, marketing and licensing of intelligent solid-state lighting systems and technologies. The company's award-winning product lines apply the practical and aesthetic benefits of LEDs to transcend the limits of traditional light sources for use in high-performance lighting and OEM and licensing applications. Its products and technologies leverage a patented layer of digital intelligence, called Chromacore®, to generate and control millions of colors and dynamic lighting effects. Color Kinetics holds 38 patents and has over 130 patent applications pending that apply to many aspects of solid-state lighting technology. Founded in 1997, the company is headquartered in Boston, MA with offices in the UK, China, and a joint venture in Japan.
“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: Statements in this Annual Report regarding Color Kinetics Incorporated’s business that are not historical facts are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Readers are cautioned that these statements involve risks and uncertainties, are only predictions and may differ materially from actual future events and results. For a discussion of such risks and uncertainties, see “Risk Factors” in the Company’s Registration Statement on Form S-1, File Number 333-114386, and in its Annual Report on Form 10-K for the Twelve Months Ended December 31, 2004, each as filed with the Securities and Exchange Commission.
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