Orrick Announced Patent Office Rejects Tessera's U.S. Patent No. 5,852,326 Again

Business Wire, August 5, 2008

WASHINGTON -- Orrick, Herrington & Sutcliffe LLP announced today that the United States Patent and Trademark Office issued an office action confirming the rejections of all claims of Tessera's 5,852,326 patent in ex parte reexamination. The Patent Office previously rejected these claims in an earlier office action.

Tessera is asserting the '326 patent in two investigations in the International Trade Commission - Investigation Nos. 337-TA-605 and 337-TA-649. The Patent Office has rejected all claims of the '326 that Tessera is asserting in the ITC.

For example, in response to Tessera's attempt to amend the '326 patent's specification to avoid invalidation, the Patent Office stated:

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Regarding a prior art referenced to Okinaga, the Patent Office stated, "Patentee's arguments [Tessera's arguments] directed to Okinaga have been considered but are not found persuasive." ['326 Office Action, p. 57 (August 1, 2008).]

The Patent Office also stated regarding Tessera's attempts to distinguish Okinaga:

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Led by its patent litigation counsel, Michael Heafey of Orrick and its general counsel Juliette Chan, Siliconware Precision Industries Company, Ltd. and its U.S. subsidiary requested reexamination of the asserted claims of Tessera's '326 patent as part of Siliconware's defenses against Tessera's accusations of patent infringement. Also representing Siliconware is Greg Novak and James Murphy of Novak Druce Quigg LLP.

About Orrick

Orrick, Herrington & Sutcliffe LLP is a global law firm with more than 1,000 lawyers in North America, Europe and Asia. The firm focuses on litigation, complex and novel finance and innovative corporate transactions. The firm's 18 offices are located in Beijing, Hong Kong, London, Los Angeles, Milan, Moscow, New York, Orange County, Pacific Northwest, Paris, Rome, Sacramento, San Francisco, Shanghai, Silicon Valley, Taipei, Tokyo and Washington, D.C.

About Novak, Druce Quigg

Novak, Druce Quigg (NDQ) LLP is national firm focusing exclusively on complex intellectual property matters with more than 45 attorneys, agents, and scientific/technical advisors and analysts with offices in Houston, Texas; Washington, D.C.; and San Francisco, CA. NDQ attorneys help its clients navigate the complexities of U.S. intellectual property law by securing, enforcing, and defending their intellectual property rights. With the leadership of Gregory V. Novak and Tracy W. Druce, the firm has built a national reexamination practice including the successful involvement in the NTP cases on behalf of client Research in Motion (RIM) with 2,185 total claims rejected.