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Tessera Gets Green Light on Patent Validity

Published: 29 October 2008
 by Staff
SAN JOSE, CA -- Tessera Technologies, Inc. has been awarded a confidential interim judgment that asserted the Tessera patents are valid and enforceable and that certain of Amkor’s products are made under the asserted Tessera patents.

An arbitration panel found unanimously in favor of Tessera for monetary damages based on Amkor’s material breach of its license agreement and failure to pay royalties, with the exact amount of damages to be decided at a later date. 

The arbitration panel ordered that damages for past royalties for infringing packages from March 2002 through March 2008 be apportioned using percentages set by the panel, subject to certain offsets. Damages experts for each of the parties are to calculate the amount of past royalties due as damages to Tessera based upon the parameters established in the interim order and submit a joint report by November 17, 2008.

Amkor believes the final damage award will be well below the $85 to $115 million originally claimed by Tessera in its initial arbitration filing.
 
The patents at issue in the arbitration are U.S. Patent No. 5,852,326 (the '326 Patent), U.S. Patent No. 6,433,419 (the '419 Patent), U.S. Patent No. 6,465,893 (the '893 Patent), and U.S. Patent No. 5,679,977 (the '977 Patent).
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