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Tessera: Market Wrong, Patents Valid
Written by Administrator
Thursday, 06 March 2008
SAN JOSE – Tessera Technologies claims recent questions over a handful of the chip-packaging firm’s patents mischaracterized the process and the patents’ validity.
“Nothing issued by the U.S. Patent and Trademark Office in these reexaminations has overturned our patents. We believe the market may have misunderstood the PTO’s terminology, and we are taking this opportunity to clarify the process,” said Scot Griffin, senior vice president and general counsel, in a statement. “Claims of a patent cannot be invalidated in reexamination until the process is fully complete, including all appeals.”
The PTO recently issued office actions regarding claims in five Tessera patents, and the company anticipates action on a sixth shortly. However, asserts Tessera, the PTO reexamination process does not suggest a final determination against the company. Moreover, after a determination, Tessera could appeal and the patents would remain in force throughout all appeals.
Tessera is familiar with prior art to the patents under reexamination because of previous lawsuits; the company says those lawsuits were resolved in its favor.
On March 4, Tessera petitioned the U.S. International Trade Commission to review the recent decision to stay its wireless ITC action. ITC staff also filed its own petition arguing against the stay. The commission is expected to decide within the next 25 days whether it will review the stay decision.
On March 5, Amkor filed a motion with the arbitration panel to stay the scheduled March 31 hearing with Tessera, in view of the recent PTO reexamination actions. Tessera opposes this motion.
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