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Samsung, Spansion settle patent litigation suit

Posted: 16 Apr 2009 ?? ?Print Version ?Bookmark and Share

Keywords:patent litigation? Samsung Spansion suit? settlement litigation?

Spansion Inc. and Samsung Electronics Co. Ltd have settled their patent litigation lawsuits. As part of the settlement, Samsung will pay Spansion $70 million, and Spansion and Samsung Electronics have exchanged rights in their patent portfolios in the form of licenses and covenants subject to a confidential settlement agreement. The settlement ends the patent disputes between the two companies and is a significant step forward in Spansion's reorganization process, demonstrating the company's intense focus on improving its financial position in the current economic climate.

"This agreement is a significant milestone in the company's strategy to develop its IP licensing business," said John Kispert, Spansion president and CEO. "In addition, the agreement strengthens our cash position to help Spansion emerge from the Chapter 11 process a stronger and more focused company."

Flash memory is one of the largest segments of the semiconductor industry, with over $130 billion in total revenues since 2000, according to data from Worldwide Semiconductor Trade Statistics Inc.

Due to Spansion's recent Chapter 11 filing, the agreement is subject to approval by the bankruptcy court. The agreement is contingent upon the dismissal of the claims and the satisfaction of certain conditions including bankruptcy court approval.

In November 2008, Spansion filed two separate patent infringement complaints against Samsung with the International Trade Commission and in the U.S. District Court in Delaware. As part of the complaints, Spansion was seeking the exclusion from the U.S. market of MP3 players, cellphones, digital cameras and other consumer electronic devices containing Samsung's flash memory components. The complaint in the U.S. District Court in Delaware also sought an injunction and treble damages based on Samsung's sale of flash memory.

Samsung counterclaimed in the District Court against Spansion for infringement of its own patents seeking damages and an injunction. On Jan. 28, 2009, Samsung filed a patent infringement complaint in Japan against Spansion Japan Ltd, seeking both injunctive relief and damages for based upon Japanese patents owned by Samsung. Each of these actions is to be dismissed pursuant to the settlement agreement with neither side admitting liability.





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