Tessera Addresses Mischaracterizations of Patent Validity and Legal Process
SAN JOSE, Calif. --(Business Wire)-- Tessera Technologies, Inc. (Nasdaq:TSRA), a leading provider of miniaturization technologies for the electronics industry, today commented on what it called the mischaracterization of its patents' validity and on the associated legal proceedings.
"Nothing issued by the U.S. Patent and Trademark Office (PTO) in these reexaminations has overturned our patents. We believe the market may have misunderstood the PTO's terminology, and we are taking this opportunity to clarify the process," said Scot Griffin, senior vice president and general counsel, Tessera. "Claims of a patent can not be invalidated in reexamination until the process is fully complete, including all appeals."
The PTO recently issued office actions regarding claims in five Tessera patents, and the company anticipates an initial office action for a sixth patent sometime in the coming weeks. These office actions are a usual step in the PTO reexamination process and are in no way a final determination on the validity of the patents. Even after a final determination in the PTO, Tessera would have ongoing opportunities to appeal any decision; the patents would remain in force throughout all appeals. Tessera is very familiar with the prior art to the patents under reexamination because of its previous lawsuits, which were uniformly resolved in Tessera's favor.
Tessera remains confident in the validity of all of its intellectual property and continues to aggressively pursue all existing legal actions:
-- On March 4, 2008, Tessera petitioned the U.S. International Trade Commission (ITC) to review the recent decision to stay Tessera's wireless ITC action. The ITC's staff has also filed its own petition arguing against the stay. The Commission is expected to decide within the next 25 days whether it will review the stay decision.
-- On March 5, 2008, Amkor filed a motion with the arbitration panel to stay the scheduled March 31, 2008 hearing with Tessera, in view of the recent PTO reexamination actions. Tessera opposes this motion and remains confident the arbitration will proceed as scheduled because the arbitration is a breach of contract action that is not limited to patent-related issues.
-- In January 2008, the ITC initiated an investigation into the unlawful use of Tessera technologies by certain DRAM suppliers. This action has been scheduled for trial on September 22, 2008. Given recent opposition strategy, Tessera expects an attempt to stay this action as well.