ITC Case Against Tessera Stayed Due to Patent Reexaminations By Siliconware

Business Wire, Feb 26, 2008

WASHINGTON -- The PTO's Central Reexamination Unit ("CRU") has maintained its rejections of the patents being asserted by Tessera in the International Trade Commission ("ITC"). In a ruling issued today by Judge Essex, the ITC has stayed the ITC hearing pending the final outcome of the reexaminations. The ITC case had been brought by Tessera against Motorola, Qualcomm, Freescale and others.

Many of the patents Tessera is asserting in either the ITC and U.S. District Court litigation comprise members of Tessera's "Compliant Chip" license, a portfolio of patents that had been previously asserted in numerous aggressive litigations and which, according to Tessera, has generated over $250 million in licensing profits.

Last week, the CRU upheld earlier preliminary rejections of patent claims being asserted against an array of chip manufacturers in U.S. District Court lawsuits, ITC actions and arbitration proceedings. Patents involved include U.S. 6,433,419 and 6,465,893, both of which have now had rejections issued by the CRU in inter partes reexaminations and U.S. 5,852,326 that has had rejections issued by the CRU in ex parte reexamination.

The reexaminations were requested by Siliconware Precision Industries Co. Ltd. taking advantage of the Patent Office's new inter partes reexamination procedures for addressing validity issues.

Representing Siliconware is Michael Heafey who is leading the litigation and reexamination teams at Orrick with Sanjeet Dutta. Also representing Siliconware is Greg Novak and James Murphy at 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. Orrick clients include Fortune 100 companies, major industrial and financial corporations, commercial and investment banks, high-growth companies, governmental entities, start-ups and individuals. 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 NDQ

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.

Contact

For additional information or a sample copy, please contact David Schaefer, Communications Manager, Orrick, Herrington and Sutcliffe, LLP at 415-773-5300 or via email at dschaefer@orrick.com.