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Tessera Technologies Inc. Message Board

  • jacosa jacosa May 17, 2011 4:22 PM Flag

    Issue in DRAM appeal

    The decision is due any day now (that situation could last for months, of course). Just to get ready for it, I'll say what I think the big issue was and solicit feedback.

    The largest DRAM importers who were not Tessera licensees had their parts packaged by Tessera licensees [one presumes that Amkor figures substantially here]. The ALJ ruled that even though the royalties paid to Tessera were far short of covering the number of parts that used Tessera intellectual property, the "Doctrine of Exhaustion" protected the importers. I believe that Tessera is appealing on the basis that the importers knew or should have known that royalties had not been paid on the parts.

    This guess at the issues makes the case rather complex, as it makes it a siamese twin of the new Amkor arbitration, which is expected to continue for about another year and a half.

 
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