- Tessera Receives Third Office Action in '893 Patent Reexamination -
SAN JOSE, Calif.--(BUSINESS WIRE)--Aug. 26, 2008--Tessera
Technologies, Inc. (Nasdaq:TSRA), a provider of transformational
technologies that enable innovation in next-generation electronics,
today announced the U.S. Patent and Trademark Office (PTO) on August
21, 2008, issued a third office action in the ongoing inter partes
reexamination of Tessera's U.S. Patent No. 6,465,893 (the '893
patent). The patent relates to semiconductor packaging technologies
used in a variety of applications. The patent is not being asserted in
any of the company's current International Trade Commission (ITC)
actions.
The examiners' decision, which rejects certain claims of the '893
patent, is neither an Action Closing Prosecution (ACP) nor a Right of
Appeal Notice. It is a third non-final office action that reopens the
prosecution and gives Tessera the opportunity to respond within two
months to issues raised by the examiners in the rejection. An ACP was
issued by the examiners on February 15, 2008, and, following review of
Tessera's submission in response to that ACP, the examiner has issued
this office action which does not close prosecution but allows Tessera
another opportunity to respond to the examiner. Following review of
Tessera's submission in response to this office action, the examiners
may issue another office action or an ACP. There is no deadline for
further action by the examiners. Tessera anticipates it ultimately may
be required to appeal the examiners' decision.
According to a recent study of inter partes reexamination
statistics by the Institute for Progress, the average duration of
inter partes reexaminations where appeals are involved is five to
eight years. If the claims of the '893 patent continue to be rejected,
Tessera would appeal the examiners' decision, which means the
reexamination of the '893 patent likely will not be completed before
the '893 patent expires in September 2010. The claims of a patent are
valid until a reexamination certificate cancelling the claims is
issued. A certificate can only be issued after all actions closing
prosecution are concluded, and all appeals have been exhausted.
About Tessera
Tessera Technologies, Inc. (Nasdaq:TSRA) provides industry-leading
manufacturers with transformational technologies that enable
next-generation electronics, optics and imaging solutions. The company
licenses its innovations, as well as delivers products based on these
innovations to promote the development of the supply chain
infrastructure, thus enabling manufacturers to get the right product
to market, at the right time. Tessera is headquartered in San Jose,
California. For information call 1.408.894.0700 or go to
www.tessera.com.
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. 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, 2007 and its Quarterly Report on Form 10-Q for
the quarter ended June 30, 2008, include more information about
factors that could affect the company's financial results.
Tessera, the Tessera logo and the chevron 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.
CONTACT: Tessera Technologies, Inc.
Charlie Webster, 408-894-0700
Chief Financial Officer
Judy Erkanat, 408-952-4414
Media Relations
SOURCE: Tessera Technologies, Inc.