Superconductor Technologies Inc. Exhibit to 8-K



 




Exhibit 10.1



     




	 	 	 
	Company Contact:	 	
Investor Relations Contact:
	Martin McDermut	 	
Lippert / Heilshorn & Associates
	Senior Vice President, Chief Financial Officer	 	
Lillian Armstrong, Moriah Shilton
	Email: mmcdermut@suptech.com	 	
Email: lillian@lhai-sf.com
	(805) 690-4500	 	          
(415) 433-3777




Superconductor Technologies Inc. Files Cross-appeal

in ‘215 Patent Infringement Lawsuit



SANTA BARBARA, Calif. (Sept. 26, 2003) — Superconductor Technologies Inc.
(Nasdaq: SCON) (“STI”) the global leader in high-temperature superconducting
(HTS) products for wireless voice and data applications, today announced that
it has filed a cross-appeal to recover damages of $3.8 million previously
awarded by a jury in its verdict in the patent infringement lawsuit brought by
ISCO International, Inc. (“ISCO”). STI is also requesting reimbursement of its
legal fees associated with the case.



In August, the court rejected ISCO’s request to overturn the jury’s verdict
that the patent is invalid, and accepted the jury’s verdict that the patent is
unenforceable because of inequitable conduct committed by one of the alleged
inventors. ISCO recently appealed this portion of the court’s judgment.



The court overturned the jury’s verdict of unfair competition and bad faith on
the part of ISCO and the related $3.8 million compensatory damage award, and
also denied STI’s request for reimbursement of its legal fees associated with
the case. STI is appealing this portion of the court’s decision.



“We have maintained all along that ISCO’s original complaint is without merit
and we intend to continue our vigorous defense in this matter,” said M. Peter
Thomas, STI’s president and chief executive officer. “We remain confident in
our legal position on the ‘215 patent and believe that the jury’s ruling will
be upheld through the appeal process.”



About Superconductor Technologies Inc.



Superconductor Technologies Inc., headquartered in Santa Barbara, CA, is the
global leader in developing, manufacturing, and marketing superconducting
products for wireless networks. STI’s SuperLinkTM Solutions are proven to
increase capacity utilization, lower dropped and blocked calls, extend
coverage, and enable higher wireless transmission data rates. SuperLinkTM Rx,
the company’s flagship product, incorporates patented high-temperature


 







 




superconductor (HTS) technology to create a cryogenic receiver front-end (CRFE)
used by wireless operators to enhance network performance while reducing
capital and operating costs.



More than 3,000 SuperLink Rx systems have been shipped worldwide, logging in
excess of 30 million hours of cumulative operation. In 2003, STI was named to
Deloitte & Touche’s prestigious Los Angeles Technology Fast 50 program, a
ranking of the 50 fastest-growing technology companies in the Los Angeles area,
for the second year in a row.



SuperLink is a trademark of Superconductor Technologies Inc. in the United
States and in other countries. For information about STI, please visit
www.suptech.com .



Safe Harbor Statement



The press release contains forward-looking statements made in reliance upon the
safe harbor provisions of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements include, but are not limited to, statements
concerning future profitability, revenues, market growth, capital requirements,
product deployment, new product introductions and the appeal process in the
ISCO litigation, and are generally identified by phrases such as “thinks,”
“anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “goals”
and similar words. Forward-looking statements are not guarantees of future
performance and are inherently subject to uncertainties and other factors which
could cause actual results to differ materially from the forward-looking
statements. These factors and uncertainties include: STI’s ability to expand
its operations to meet anticipated product demands; the ability of STI’s
products to achieve anticipated benefits for its customers; the anticipated
growth of STI’s target markets; unanticipated delays in shipments to customers;
STI’s ability to achieve profitability and the inherent uncertainties of
litigation. STI refers interested persons to its most recent Annual Report on
Form 10-K and its other SEC filings for a description of additional
uncertainties and factors that may affect forward-looking statements.
Forward-looking statements are based on information presently available to
senior management, and STI has not assumed any duty to update any
forward-looking statements.



Contact



For information, please contact: Martin McDermut, Senior Vice President, Chief
Financial Officer of Superconductor Technologies Inc., +1-805-690-4500,
mmcdermut@suptech.com; or Investor Relations, Lillian Armstrong,
lillian@lhai-sf.com, of Lippert / Heilshorn & Associates, +1-415-433-3777, for
Superconductor Technologies Inc.