Tessera Technologies, Inc. (Nasdaq:TSRA) today announced it is raising
its third quarter 2009 Total Revenue guidance to range between $65.0
million and $66.0 million. Third quarter 2009 Micro-electronics Revenue,
all of which will be royalty and license related, is now expected to
range between $58.0 million and $59.0 million, driven by the improved
second quarter performance in the company’s served markets. Prior
guidance, announced on Aug. 4, 2009, was for third quarter Total Revenue
to range between $60.0 million and $62.0 million and Micro-electronics
Revenue to range between $54.0 million and $56.0 million.
The company now has greater visibility into its Imaging & Optics
business, and as a result, is raising its third quarter 2009 Imaging &
Optics Total Revenue to be approximately $7.0 million, of which
approximately $4 million will be Royalties and License Fees. Prior
guidance, given on Aug. 4, 2009, was Imaging & Optics Total Revenue of
$6.0 million, of which approximately $3.0 million was Royalties and
License Fees.
The company reiterated its guidance on its other third quarter 2009
items, which remain unchanged:
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Non-GAAP operating expenses are projected to range between $30.0
million and $31.0 million, excluding litigation expenses.
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Stock-based compensation is projected to be approximately $7.0 million.
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Amortization charges are expected to be approximately $3.0 million.
The company believes its effective tax rate for the full year 2009 will
range between 45% and 46%.
Petition to Review Initial Determination in DRAM ITC Action
Tessera also announced that today it will file a Petition for Review of
the Initial Determination issued on Aug. 28, 2009 by the Administrative
Law Judge (ALJ) in the International Trade Commission (ITC)
Investigation No. 337-TA-630 brought by Tessera against certain DRAM
manufacturers and sellers (DRAM ITC action).
In the Initial Determination, the ALJ found Tessera’s asserted patents
valid, but determined, among other things, that there was insufficient
evidence to prove infringement. The Commissioners of the ITC recently
held, unanimously, that similar evidence submitted by Tessera in
Investigation No. 337-TA-605 (Wireless ITC action) was sufficient to
prove infringement. Similar evidence also was accepted by the ITC in
Investigation 337-TA-432, as well as last year in Tessera’s arbitration
against Amkor Technology, Inc.
"We are focused on bringing the DRAM ITC action to a successful
conclusion, and one that is consistent with prior court decisions
regarding Tessera’s patents,” said Henry R. Nothhaft, president and CEO
of Tessera. "We remain committed to preventing the unlicensed use of
Tessera’s technology.”
According to the current schedule for the investigation, the Commission
is expected to decide whether to review the Initial Determination no
later than Nov. 2, 2009, and may request additional briefing at that
time. If the Commission elects to review the Initial Determination, the
Commission’s Final Determination accepting or rejecting a reversal is
currently scheduled to be issued by Dec. 29, 2009. If, on the other
hand, the Commission declines to review the Initial Determination, it
would become final and Tessera would be permitted to appeal the decision
to the Court of Appeals for the Federal Circuit.
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 Tessera’s
financial results, litigation strategies, procedural schedules, 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 June
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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