Tessera Technologies, Inc. (NASDAQ: TSRA) announced today the
Administrative Law Judge (ALJ) in the International Trade Commission
(ITC) action brought by Tessera against certain DRAM manufacturers
issued an Initial Determination finding Tessera’s asserted patents are
valid, but not infringed by the respondents. The action is Investigation
No. 337-TA-630 (DRAM ITC action).
The ALJ’s decision, termed an "Initial Determination,” is subject to
review by the full Commission. Within 120 days of the issued Initial
Determination, the Commission can affirm, modify or reverse the ALJ’s
decision in developing the ITC’s final determination.
"We intend to once again seek review of the Initial Determination by the
full Commission,” said Henry R. Nothhaft, president and CEO of Tessera.
"The Commission previously agreed in our Wireless ITC Action that our
technology was valid and that we had proven infringement at trial. We
hope that it will again reverse the ALJ’s Initial Determination.
Furthermore, we have not taken into account any revenue based on the
outcome of this ITC action in preparing our financial guidance. We
remain focused on developing innovative technologies and are confident
in the future of our business.”
The respondents in the DRAM ITC action include 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. Tessera is asserting infringement
of three Tessera patents, U.S. Patent No. 5,663,106 (‘106), U.S. Patent
No. 6,133,627 ('627), and U.S. Patent No. 5,679,977 (‘977) and is
seeking, among other things, an exclusion order barring importation of
infringing products that incorporate the patented technology.
Conference Call Information
Management will hold a conference call today at 3:30 P.M. Pacific (6:30
P.M. Eastern) to discuss the DRAM ITC action. To access the call in the
U.S., please dial 866-531-1286 and for international callers dial
706-643-3789, approximately 10 minutes prior to the start of the
conference call. The conference call will also be broadcast live over
the Internet and will be available for replay for 30 days at www.tessera.com.
In addition, a replay of the call will be available via telephone for
two business days, beginning two hours after the call. To listen to the
telephone replay in the U.S., please dial 800-642-1687 and for
international callers, dial 706-645-9291. Enter access code 27697098.
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 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 August
6, 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.