| - ITC Orders in Wireless ITC Action Now Fully in Force -
SAN JOSE, Calif.--(BUSINESS WIRE)--Jul. 20, 2009--
Tessera Technologies, Inc. (Nasdaq:TSRA) today provided an update on
certain activities in its U.S. International Trade Commission (ITC)
actions.
Investigation No. 337-TA-605 (Wireless ITC Action)
President Barack H. Obama and the Office of the U.S. Trade
Representative allowed the 60-day Presidential Review Period to expire
without modifying the Limited Exclusion Order (LEO) and Cease and Desist
Orders (CDOs). The ITC’s LEO prohibits, among other things, the
importation of certain infringing electronic devices that use Tessera’s
patented technology, which are imported by or on behalf of the named
respondents, and the CDOs prevent, among other things, the sale, offer
for sale or distribution of those same infringing devices. As a result
of the expiration of the Presidential Review Period, the respondents,
including Qualcomm, Freescale and Spansion, are no longer permitted to
import or sell infringing products, even under bond.
“Tessera has spent hundreds of millions in research and development
efforts to bring its innovative technologies to market, and currently
employs nearly 300 employees to continue these efforts,” stated Henry R.
Nothhaft, president and CEO of Tessera. “Many companies, including most
of the world’s largest semiconductor companies, have licensed and
incorporated Tessera’s technologies to the benefit of their customers
and shareholders. The ITC's orders in this case affect only unlicensed
companies that are trying to maintain an unfair competitive advantage
against their law-abiding competitors, who stand to lose even further
market share to the respondents and their customers if the ITC’s orders
are stayed or overturned.”
Respondents have filed appeals with the Federal Circuit, along with
“emergency” motions to delay enforcement of the ITC orders. The motions
request that the Federal Circuit grant a temporary stay to allow it time
to consider briefing regarding whether to issue a longer stay during the
pendency of the Federal Circuit appeal. Tessera has already filed papers
with the Federal Circuit opposing a temporary stay and will respond to
respondents’ briefings in due course.
On Friday, July 17, 2009, the ITC refused to delay enforcement of its
LEO and CDOs and denied the respondents’ motion to stay those orders.
The respondents in the Wireless ITC action are ATI Technologies,
Freescale Semiconductor, Inc., Qualcomm, Inc., Spansion, Inc., Spansion,
LLC and ST Microelectronics N.V. Tessera asserted infringement of two
Tessera patents, U.S. Patent No. 6,433,419 (‘419) and U.S. Patent No.
5,852,326 (‘326). Motorola, Inc. signed a license agreement with Tessera
after the issuance of the Limited Exclusion Order and is thus permitted
to import and sell otherwise infringing products.
Investigation No. 337-TA-649 (Subcon ITC Action)
On July 17, 2009, the Administrative Law Judge in the Subcon ITC Action,
Judge Theodore Essex, approved Tessera's request to dismiss the
investigation. In addition to granting Tessera's request for dismissal,
Judge Essex found multiple violations of court orders by respondent
Siliconware Precision Industries Co., Ltd.
The respondents in the Subcon ITC Action were Siliconware Precision
Industries Co., Ltd., STATS ChipPAC, Ltd., ASE Inc. and ChipMOS
Technologies, Inc., as well as several of these companies’ affiliates.
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 reexamination 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 March
31, 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.
Source: Tessera Technologies, Inc.
Tessera Technologies, Inc. Michael Anthofer, 408-321-6711 EVP
and CFO Moriah Shilton, 408-321-6713 Investor Relations
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