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Judge: Tessera's patents valid, but not infringed

Posted: 05 Dec 2008 ?? ?Print Version ?Bookmark and Share

Keywords:infringed patent? ITC investigation? wireless?

The Administrative Law Judge (ALJ) overseeing the International Trade Commission (ITC) action brought by Tessera Technologies Inc. against certain wireless manufacturers, Investigation No. 337-TA-605 (Wireless ITC action), issued an initial determination finding the company's asserted patents are valid but not infringed by the respondents.

"Although we are pleased that the ALJ's initial determination upheld the validity of the patents at issue, we are disappointed that we did not prevail at this juncture against these respondents regarding infringement, and we will review the initial determination in depth before determining our next steps," said Henry Nothhaft, Tessera's president and CEO. "More generally, it should be noted the initial determination will not impact any of our financial results. We have not included any revenue based on the outcome of this action in our forecasts, and we remain financially strong, focused on developing innovative technologies and confident in our business."

The ALJ's decision, termed an "initial determination," is subject to review by the full ITC Commission. Within 120 days of the issued initial determination, the Commission can affirm, modify or reverse the ALJ's decision in developing the ITC's final determination. Tessera and the respondents have the opportunity to provide additional briefing to the ITC as the Commission reviews the ALJ's decision.

The respondents in the Wireless ITC action are ATI Technologies, Freescale Semiconductor Inc., Motorola Inc., Qualcomm Inc., Spansion Inc., Spansion LLC and STMicroelectronics N.V. Tessera is asserting infringement of two Tessera patents, U.S. Patent No. 6,433,419 ('419) and U.S. Patent No. 5,852,326 ('326).

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