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Electronics Production | December 22, 2010

Tessera wins round in chip patent fight

The U.S. Court of Appeals for the Federal Circuit ruled in favour of Tessera Technologies in a chip patent dispute with Qualcomm, Spansion, Freescale, ATI Technologies and STMicroelectronics.
The U.S. Court of Appeals for the Federal Circuit affirmed the U.S. International Trade Commission's (ITC) final determination in the action brought by Tessera Technologies against certain wireless manufacturers, Investigation No. 337-TA-605 (Wireless ITC action), finding Tessera's asserted patents are valid and infringed.

"This ruling, by the federal appellate court that specializes in patent matters, confirms once again that our patents in this case are valid and enforceable. Despite years of denials and procedural maneuvers by Qualcomm, Freescale, ST Microelectronics, ATI and Spansion, the Federal Circuit upheld the ITC's findings that these companies are infringers who have used and profited from Tessera's technology without paying their fair share. Although these patents expired on Sept. 24, 2010, ending the ITC's Limited Exclusion Order and Cease and Desist Orders, we will continue to pursue our right to recover royalties for periods before the patents expired, and believe the Federal Circuit's affirmation will assist our ongoing efforts in the U.S. District Courts", said Henry R. Nothhaft, chairman and chief executive officer, Tessera.

The respondents have 45 days to petition the panel and/or the full Court of Appeals for rehearing and may petition the U.S. Supreme Court for a writ of certiorari within 90 days after entry of the judgment or a request for rehearing is denied, whichever is later.

Tessera's U.S. District Court cases against the respondents are currently stayed by agreement until the appellate proceedings regarding the Wireless ITC Action are concluded.

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