Tessera Receives Third Office Action in '419 Patent Reexamination
SAN JOSE, Calif.--(BUSINESS WIRE)--June 16, 2008--Tessera
Technologies, Inc. (Nasdaq:TSRA), a leading provider of
miniaturization technologies for the electronics industry, today
announced the U.S. Patent and Trade Office (PTO) late on Friday, June
13, 2008, issued an office action in the ongoing inter partes
reexamination of Tessera's U.S. Patent No. 6,433,419 (the '419
patent), which relates to semiconductor packaging technologies used in
the wireless industry, among other applications. The examiners'
decision, which rejects certain claims of the '419 patent, is known as
an Action Closing Prosecution (ACP), and gives Tessera the opportunity
to respond within one month to questions raised by the PTO examiners.
Tessera plans to respond to the ACP. The examiners may then reopen
prosecution, issue another ACP, or issue a notice that Tessera may
appeal the examiners' decision to the Board of Patent Appeals and
Interferences. There is no deadline for further action by the
examiners. Tessera anticipates it ultimately will be required to
appeal the examiners' decision.
According to a recent study of inter partes reexamination
statistics by the Institute for Progress, the average pendency of
inter partes reexaminations where appeals are involved is five to
eight years, which means that the reexamination of the '419 patent
likely will not be completed before the '419 patent expires in
September 2010. The claims of a patent undergoing reexamination are
not invalidated until a reexamination certificate cancelling the
claims is issued. A certificate can only be issued after all actions
closing prosecution are concluded, and all appeals have been
A first ACP was issued by the examiners on February 19, 2008.
Following review of submissions in response to that ACP, the examiners
issued the second ACP on June 13, 2008.
Tessera is asserting the '419 patent in two investigations pending
in the U.S. International Trade Commission (ITC) against a number of
companies. The first of those actions is scheduled for a 5-day hearing
to begin on July 14, 2008.
About Tessera Technologies, Inc.
Tessera is a leading provider of miniaturization technologies for
the electronics industry. Tessera provides a broad range of advanced
packaging, interconnect, and consumer optics solutions which are
widely adopted in high-growth markets including consumer, computing,
communications, medical and defense electronics. Tessera's customers
include the world's top semiconductor companies such as Intel,
Samsung, Texas Instruments, Toshiba, Micron and Infineon. The
company's stock is traded on the NASDAQ Stock Market under the symbol
TSRA. Tessera is headquartered in San Jose, California.
Safe Harbor Statement
This press release contains forward-looking statements, which are
made pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. Forward-looking statements involve
risks and uncertainties that could cause actual results to differ
significantly from those projected. Material factors that may cause
results to differ from the statements made include delays, setbacks or
losses relating to our intellectual property or intellectual property
litigations, or any invalidation or limitation of our key patents;
fluctuations in our operating results due to the timing of new license
agreements and royalties, or due to legal costs; changes in patent
laws, regulation or enforcement, or other factors that might affect
our ability to protect our intellectual property; the risk of a
decline in demand for semiconductor products; failure by the industry
to adopt our technologies; competing technologies; the future
expiration of our patents; the future expiration of our license
agreements and the cessation of related royalty income; the failure or
refusal of licensees to pay royalties; failure to achieve the growth
prospects and synergies expected from acquisition transactions; and
delays and challenges associated with integrating acquired companies
with our existing businesses. You are cautioned not to place undue
reliance on the forward-looking statements, which speak only as of the
date of this release. Tessera's filings with the Securities and
Exchange Commission, including its Annual Report on Form 10-K for the
year ended December 31, 2007 and its Quarterly Report on Form 10-Q for
the quarter ended March 30, 2008, include more information about
factors that could affect the company's financial results.
Tessera and the Tessera logo are registered trademarks of Tessera.
All other company, brand and product names may be trademarks or
registered trademarks of their respective companies.
CONTACT: Tessera Technologies, Inc.
Charlie Webster, 408-894-0700
Chief Financial Officer
Moriah Shilton, 408-952-4356
SOURCE: Tessera Technologies, Inc.