UPDATE: Appeals Court Says Elpida, Others Didn't Infringe Tessera Patents
23 Maio 2011 - 7:41PM
Dow Jones News
An appeals court has affirmed an International Trade Commission
ruling saying Elpida Memory Inc. (6665.TO), Smart Modular
Technologies Inc. (SMOD) and several other technology companies
didn't infringe on Tessera Inc.'s (TSRA) patents for chip
packaging.
The ITC had found certain products infringed the patents, but
they were "exhausted," while other products did not infringe.
The U.S. Court of Appeals for the Federal Circuit on Monday
affirmed the lower court's determination that the companies didn't
violate Tessera's patents because the Commission's decision was
based on "substantial" evidence. The court also vacated the ITC's
decisions regarding certain patents that have now expired.
The ruling deals a blow to Tessera, whose primary business is
licensing its technology. According to the court filing, it has
licensed the patents in the suit to more than 60 semiconductor
technology companies since the late 1990s.
Tessera President and Chief Executive Robert Young said in a
statement that the company has the opportunity to appeal the ruling
and that it's continuing to review "other avenues open to use to
ensure we are fully compensated for use of our technology."
"Although we are somewhat disappointed in today's decision by
the U.S. Court of Appeals, we do not believe it will have a
material impact on our business," he said.
Shares, down 22% in the year to date, ended the session down
4.5% at $17.26.
The technology at issue enables a semiconductor manufacturer to
protect chips from mechanical and thermal damage without
contaminating the endpoints, or electrical terminals, that connect
the package to another device such as a printed circuit board.
Tessera initially filed a complaint with the International Trade
Commission in 2007, alleging 18 memory companies infringed on its
technology. Ten companies--including Elpida, Smart Modular, Acer
Inc. (ACEIY, 2353.TW) and Nanya Technology Corp.
(2408.TW)--remained in the case.
-By Shara Tibken, Dow Jones Newswires; 212-416-2189;
shara.tibken@dowjones.com
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