The panel also ruled that the license agreement, under which the royalties were awarded, was terminated by Tessera as of February 17, 2011. Based in part on this ruling that the license has terminated, on July 6, 2012, Tessera filed a complaint in the U.S. District Court for the District of Delaware. The complaint seeks injunctive relief and damages with respect to Amkor’s alleged infringement of one of the U.S. patents that the arbitration panel found to be royalty bearing. http://phx.corporate-ir.net/phoenix.zhtml?c=115640&p=irol-newsArticle&ID=1712619&highlight=
If the Tessera license was terminated as of February 2011, despite what Amkor was telling their customers, doesn’t that mean those Amkor customers are at risk of infringement after February 2011?
With possibly willful infringement after today’s news?
Doesn’t that also mean the past damage award calculations that Amkor is calculating and citing in their press release only goes up to February 17, 2011? What about from Feb 2011 up to today?
Looks like Tessera finally got a favorable court ruling with some teeth.
This isn't a court ruling, and it doesn't seem to have the teeth of the previous Amkor arbitration. From the way Mr Young discussed this in the last CC, this panel seems to have had the power to set the scope of its decision. So as with the ITC, the fact of infringement is decided but the messy green part may have to be dealt with in court.