Tessera Technologies, Inc. (Nasdaq:TSRA) today provided a status update
on its current legal actions.
DRAM ITC Action
On Oct. 30, 2009, the International Trade Commission (ITC) announced
that it will review portions of the Initial Determination by the
Administrative Law Judge (ALJ) in the ITC action brought by Tessera
against certain DRAM manufacturers and sellers. The Commission will
review, among other things, whether the respondents infringed the
Tessera patents asserted in the action. The Commission’s Final
Determination is scheduled to be issued by Dec. 29, 2009. The action is
Investigation No. 337-TA-630 (DRAM ITC action).
"We are encouraged that the Commission has granted review of the Initial
Determination,” said Henry R. Nothhaft, president and CEO of Tessera.
"We believe in the value of our technology and intellectual property,
and will continue our efforts to prevent unlawful activities by
unlicensed companies.”
The DRAM ITC action originated in December, 2007, when Tessera took
legal action against Acer, Inc., Centon Electronics, Inc., Elpida
Memory, Inc., Kingston Technology Co., Inc., Nanya Technology
Corporation, Powerchip Semiconductor Corp., ProMOS Technologies Inc.,
Ramaxel Technology Ltd., Smart Modular Technologies, Inc., and TwinMOS
Technologies, Inc. alleging patent infringement.
Amkor Arbitration
Tessera expects to file its Answer and Counter Complaint today in the
International Chamber of Commerce (ICC) arbitration proceedings it has
with Amkor, Inc. Amkor filed for arbitration with Tessera on Aug. 7,
2009.
"Those who follow the company will recall that earlier this year the ICC
awarded Tessera over $64 million to remedy Amkor's past violations of
its license agreement with Tessera,” continued Nothhaft. "We are
disappointed that Amkor’s actions have led us back into arbitration so
recently after the ICC ruled in Tessera’s favor. Deliberately and
repeatedly, Amkor has refused to pay royalties it owes for its use of
multiple Tessera patents, and refused to honor its audit obligations
under our agreement. As a result of its actions, Amkor is no longer a
licensee in good standing, and in particular Amkor’s customers do not
have the benefit of a license for any products on which full payment has
not been made.”
Safe Harbor Statement
This press release contains forward-looking statements, which are made
pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. Forward-looking statements involve risks
and uncertainties that could cause actual results to differ
significantly from those projected, particularly with respect to
Tessera’s litigation and arbitration strategies, the procedural
schedules, the scope and meaning of Tessera’s license agreements, and
the actions of government entities. Material factors that may cause
results to differ from the statements made include delays, setbacks or
losses relating to our intellectual property or intellectual property
litigations, or any invalidation or limitation of our key patents;
fluctuations in our operating results due to the timing of new license
agreements and royalties, or due to legal costs; changes in patent laws,
regulation or enforcement, or other factors that might affect our
ability to protect our intellectual property; the risk of a decline in
demand for semiconductor products; failure by the industry to adopt our
technologies; competing technologies; the future expiration of our
patents; the future expiration of our license agreements and the
cessation of related royalty income; the failure or refusal of licensees
to pay royalties; failure to achieve the growth prospects and synergies
expected from acquisition transactions; and delays and challenges
associated with integrating acquired companies with our existing
businesses. You are cautioned not to place undue reliance on the
forward-looking statements, which speak only as of the date of this
release. Tessera's filings with the Securities and Exchange Commission,
including its Annual Report on Form 10-K for the year ended December 31,
2008 and its Quarterly Report on Form 10-Q for the quarter ended Sept.
30, 2009, include more information about factors that could affect the
company's financial results. Tessera assumes no obligation to update
information contained in this press release. Although this release may
remain available on Tessera's website or elsewhere, its continued
availability does not indicate that Tessera is reaffirming or confirming
any of the information contained herein.
About Tessera
Tessera Technologies, Inc., invests in, licenses and delivers innovative
miniaturization technologies for next-generation electronic devices. The
company’s micro-electronics solutions enable smaller,
higher-functionality devices through chip-scale, 3D and wafer-level
packaging technology, as well as high-density substrate and silent air
cooling technology. Tessera’s imaging and optics solutions provide
low-cost, high-quality camera functionality in electronic products and
include image sensor packaging, wafer-level optics and image enhancement
intellectual property. The company also offers customized micro-optic
lenses, from diffractive and refractive optical elements to integrated
micro-optical subassemblies. Tessera licenses its technologies, as well
as delivers products based on these technologies, to promote the
development of the supply chain infrastructure. The company is
headquartered in San Jose, California. For information call
1.408.321.6000 or go to www.tessera.com.
Tessera and the Tessera logo are trademarks or registered trademarks of
Tessera, Inc. or its affiliated companies in the United States and other
countries. All other company, brand and product names may be trademarks
or registered trademarks of their respective companies.
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