SAN JOSE, Calif., Dec 29, 2009 (BUSINESS WIRE) -- Tessera Technologies, Inc. (NASDAQ:TSRA) announced today the
International Trade Commission (ITC) issued a notice of its final
determination in the action brought by Tessera against certain DRAM
manufacturers, affirming that Tessera's three asserted patents are
valid. The ITC, however, determined among other things that the
methodology used by Tessera's expert was insufficient to prove
infringement by the respondents of two of the asserted patents. As to
the third patent, the notice indicates that infringement was proven as
to some but not all of the accused products, but that, due to patent
exhaustion, there was no violation of Section 337. The action is
Investigation No. 337-TA-630 (DRAM ITC action). Tessera has not yet
received the Commission's Final Determination itself and, therefore,
does not yet know the details of any reasoning behind the ITC's
conclusions.
"Once again, the ITC affirmed the validity of our asserted patents. We
are disappointed, however, with the determinations regarding our
infringement methodology and patent exhaustion," said Henry R. Nothhaft,
president and CEO of Tessera. "We will have an opportunity to appeal
this ruling and are already reviewing other avenues open to us to ensure
we are fully compensated for use of our technology. We continue to work
closely with our licensed customers who are benefitting from their use
of our patent portfolio, valuable know-how and trade secrets."
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., and Smart Modular
Technologies, Inc. Tessera asserted infringement of three Tessera
patents, U.S. Patent No. 6,133,627 ('627), U.S. Patent No. 5,679,977
('977), and U.S. Patent No. 5,663,106 ('106).
Conference Call InformationManagement will hold a conference call Wednesday, Dec. 30, 2009 at 5:00
A.M. Pacific (8:00 A.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 48370998.
Safe Harbor StatementThis 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 licensing and litigation strategies (including appellate
strategies), customer relationships, 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
September 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 TesseraTessera 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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