Tel-Instrument Electronics Corp. Announces $2.8 Million Adverse Jury Verdict in Kansas Aeroflex Litigation

EAST RUTHERFORD, N.J.--()--In the trade secret misappropriation case filed by Aeroflex Wichita, Inc. in 2009 against Tel-Instrument Electronics Corp. (“Tel”, or the “Company”) (NYSE MKT:TIK) in Kansas state district court., after a 6-week trial, today the jury rendered its verdict. The jury found no misappropriation of Aeroflex trade secrets but it did rule that the Company tortiously interfered with a prospective business opportunity and awarded damages of $1.3 million. The jury also ruled that Tel tortiously interfered with Aeroflex’s non-disclosure agreements with two former Aeroflex employees and awarded damages of $1.5 million. The jury also found that the former Aeroflex employees breached their non-disclosure agreements with Aeroflex. The court will conduct further hearings in the next few weeks which will include a punitive damages claim as well as our existing motion that the Kansas court lacks personal jurisdiction.

“After participating in the Kansas trial for the last six weeks, I am both surprised and disappointed with the jury verdict. These damages were awarded despite the fact that the Kansas jury found no trade secret misappropriation. We are currently assessing post-trial motions and an appeal.”

Jeffrey C. O’Hara, the Company’s President and CEO, stated “After participating in the Kansas trial for the last six weeks, I am both surprised and disappointed with the jury verdict. These damages were awarded despite the fact that the Kansas jury found no trade secret misappropriation. We are currently assessing post-trial motions and an appeal.”

About Tel-Instrument Electronics Corp.

Tel-Instrument is a leading designer and manufacturer of avionics test and measurement solutions for the global commercial air transport, general aviation, and government/military aerospace and defence markets. Tel-Instrument provides instruments to test, measure, calibrate, and repair a wide range of airborne navigation and communication equipment. For further information please visit our website at www.telinstrument.com.

This press release includes statements that are not historical in nature and may be characterized as “forward-looking statements,” including those related to future financial and operating results, benefits, and synergies of the combined companies, statements concerning the Company’s outlook, pricing trends, and forces within the industry, the completion dates of capital projects, expected sales growth, cost reduction strategies, and their results, long-term goals of the Company and other statements of expectations, beliefs, future plans and strategies, anticipated events or trends, and similar expressions concerning matters that are not historical facts. All predictions as to future results contain a measure of uncertainty and, accordingly, actual results could differ materially. Among the factors which could cause a difference are: changes in the general economy; changes in demand for the Company’s products or in the cost and availability of its raw materials; the actions of its competitors; the success of our customers; technological change; changes in employee relations; government regulations; litigation, including its inherent uncertainty; difficulties in plant operations and materials; transportation, environmental matters; and other unforeseen circumstances. A number of these factors are discussed in the Company’s previous filings with the U.S. Securities and Exchange Commission. The Company disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date of this press release. The safe harbour for forward-looking statements contained in the Securities Litigation Reform Act of 1995 (the “Act”) protects companies from liability for their forward-looking statements if they comply with the requirements of the Act.

Contacts

Tel-Instrument Electronics Corp.
Joseph P. Macaluso, (201) 933-1600
or
Institutional Marketing Services (IMS)
John Nesbett or Jennifer Belodeau
(203) 972-9200
jnesbett@institutionalms.com

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