Tessera Efforts to Prevent IP Infringement Move Forward BusinessWire
6:18 PM ET
--- Judge Approves Tessera Dismissal in Subcon ITC Action -
Tessera Technologies, Inc. (Nasdaq:TSRA)
today provided an update on certain activities in its U.S. International Trade Commission (ITC) actions.
Investigation No. 337-TA-605(Wireless ITC Action)
President Barack H.Obama and the Office of the U.S. Trade
Representative allowed the 60-day Presidential Review Period to expire without modifying the Limited Exclusion Order (LEO) and Cease and Desist Orders (CDOs). The ITC's LEO prohibits, among other things, the
importation of certain infringing electronic devices that use Tessera's patented technology, which are imported by or on behalf of the named respondents, and the CDOs prevent, among other things, the sale, offer
for sale or distribution of those same infringing devices. As a result of the expiration of the Presidential Review Period, the respondents, including Qualcomm, Freescale and Spansion, are no longer permitted import or sell infringing products, even under bond.
"Tessera has spent hundreds of millions in research and development efforts to bring its innovative technologies to market, and
currently employs nearly 300 employees to continue these efforts," stated Henry R. Nothhaft, president and CEO of Tessera. "Many companies, including most of the world's largest semiconductor companies, have
licensed and incorporated Tessera's technologies to the benefit of their customers and shareholders. The ITC's orders in this case affect only unlicensed
companies that are trying to maintain an unfair competitive advantage against their law-abiding competitors, who stand to lose even further market share to the respondents and their customers if the ITC's orders
are stayed or overturned."
Respondents have filed appeals with the Federal Circuit, along with "emergency" motions to delay enforcement of the ITC
orders. The motions request that the Federal Circuit grant a temporary stay to allow it time to consider briefing regarding whether to issue a longer stay during the
pendency of the Federal Circuit appeal. Tessera has already filed papers with the Federal Circuit opposing a temporary stay and will respond to respondents' briefings in due course.
On Friday, July 17, 2009, the ITC refused to delay enforcement of its LEO and CDOs and denied the respondents' motion to stay those orders.
The respondents in the Wireless ITC action are ATI Technologies, Freescale Semiconductor, Inc., Qualcomm, Inc., Spansion, Inc., Spansion, LLC and ST Microelectronics N.V. Tessera asserted infringement of two Tessera patents, U.S. Patent No. 6,433,419 ('419) and U.S. Patent No. 5,852,326 ('326). Motorola, Inc. signed a license agreement with Tessera after the issuance of the Limited Exclusion Order and is thus permitted to import and sell otherwise infringing products.
Investigation No. 337-TA-649
(Subcon ITC Action)
On July 17, 2009, the Administrative Law Judge in the Subcon ITC Action,
Judge Theodore Essex, approved Tessera's request to dismiss the investigation. In addition to granting Tessera's request for dismissal, Judge Essex found multiple
violations of court orders by respondent Siliconware Precision Industries Co., Ltd.
respondents in the Subcon ITC Action were Siliconware Precision Industries Co., Ltd., STATS ChipPAC, Ltd., ASE Inc. and ChipMOS Technologies, Inc., as well as several of these companies' affiliates.
The court doesn't award damages, just hears the appeal - not sure if thats what you were implying. The weight is on QCOM since they lose their ability to import and sell product in the US during the appeal without the stay. They lost on the emergency stay, if they lose on the permanent stay during appeal, then they need to take action to keep their business intact. But I'm not sure anyone on this board truly understands the impact of a LEO on QCOM (myself included).
Wouldn't it rather be a weight on QCOM's shoulders, instead of TSRA? What additional pain and suffering (penalty $$$) will the court incur upon QCOM for another 6-12 months of illegal use of patent protected resources, should they lose?
Are you having second thoughts, mixed feelings about this co. and some people appearing here or there? Do you really and truly understand what Tessera is going through and what they have accomplished so far or you're just a dumbf..k who got here by an accident? One of those who can see tomorrow, but not the day after as most people do. What else?
No cheers to you.
No one is doubting that Lupin is a good lawyer, yet he lost his fights with both, the ITC and the Obama Administration (no support, no win). He is simply saying that he can not do anything for QCOM anymore to win the case, but he can slow down the process. His last tactics are only designed to prolong the QCOM's payout to TSRA. QCOM will not gain anything and only Lupin is there to gain add'l monetary rewards for his "outstanding" efforts. QCOM will very soon realize that FCAC is working very fast nowadays and Lupin's hopes for this to be dragged on and on are without a merit. If we had the previous administration that would be a different story. QCOM has lost another fight and they can not do anything about that. I would not short TSRA, nor QCOM, as very soon they both might be enjoying a sort of a relief rally.
This will no tbe a weight on TSRA - ridiculous. The Presidents ITC panel has ruled. Of course there will be an appeal. But it will be to no avail. In the meantime GREAT - not good but GREAT earnings are coming Aug 4.
This stock in the 27 are is a no brainer
Great reminder. Thanks. From your link:
"Qualcomm said it would file to appeal the case in the Federal Circuit Court of Appeals as early as Tuesday."...
"Qualcomm General Counsel Lou Lupin estimated it could take the court up to three weeks to rule on whether it would impose an emergency stay on the ban and that an appeal could take six to 12 months."
QCOM said it would petition CAFC the day after the presidential review in the Boardcom case. In this case, I believe QCOM already motioned CAFC on June 11th, so a decision on an emergence stay should come sooner and could come any day IMO. This will be a weight on TSRA until it is resolved.