Color Kinetics Inc., 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.

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.

Super Vision was not available for comment.