Motorola, Qualcomm Win First Stage in Patent Dispute

Published on: 5th December 2008

The USA's International Trade Commission (ITC) has issued an initial finding in a patent lawsuit brought by Tessera Technologies against a raft of companies, including Motorola and Qualcomm - stating that Tessera's asserted patents are valid but are not infringed by the respondents.

"Although we are pleased that the [Administrative Law Judge ] ALJ's Initial Determination upheld the validity of the patents at issue, we are disappointed that we did not prevail at this juncture against these respondents regarding infringement, and we will review the Initial Determination in depth before determining our next steps," said Henry R. "Hank" Nothhaft, president and CEO of Tessera. "More generally, it should be noted the Initial Determination will not impact any of our financial results. We have not included any revenue based on the outcome of this action in our forecasts, and we remain financially strong, focused on developing innovative technologies, and confident in our business."

The ALJ's decision, termed an "Initial Determination," is subject to review by the full ITC Commission (Commission). Within 120 days of the issued Initial Determination, the Commission can affirm, modify or reverse the ALJ's decision in developing the ITC's final determination.

Tessera and the respondents have the opportunity to provide additional briefing to the ITC as the Commission reviews the ALJ's decision.

The respondents in the Wireless ITC action are ATI Technologies, Freescale Semiconductor, Motorola, Qualcomm, Spansion and ST Microelectronics. Tessera is asserting infringement of two Tessera patents, U.S. Patent No. 6,433,419 ('419) and U.S. Patent No. 5,852,326 ('326).

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Tags: [semiconductor]  [motorola]  [qualcomm]  [patents]  [spansion]  [tessera technologies]  [international trade commission]  [tessera]  [itc]  [freescale]  [lawsuit]  [motorola,]  [patent]  [

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