Tessera Technologies, Inc. (Nasdaq:TSRA) today provided a status update
on certain U.S. Patent and Trademark Office (PTO) actions.
On June 22, 2009, the PTO issued documents in the patent reexamination
proceedings involving Tessera’s US Patent No. 5,852,326 (the '326
patent), and US Patent No. 6,465,893 (the '893 patent). In the ex
parte reexamination proceeding of the '326 patent, the PTO issued an
Advisory Action restating and revising the rejections of patent claims
subject to reexamination that had been set forth in the previous Final
Action. The '326 patent's validity has been upheld in litigation,
including in the recently-concluded International Trade Commission (ITC)
action, ITC Inv. No. 337-605 (Wireless ITC action) against Motorola,
Qualcomm, Freescale and others. In the inter partes reexamination
proceeding of the '893 patent, the PTO issued a Right of Appeal Notice
restating and revising the prior rejections of the claims under
reexamination. Tessera is currently reviewing its options related to
both of these proceedings.
Unless the Right of Appeal Notice or Final Action are withdrawn by the
PTO, the reexamination proceedings relating to each patent may now move
on to the Board of Patent Appeals and Interferences, after which they
may go back to the Examiner, or proceed to further appeal in the U.S.
Court of Appeals for the Federal Circuit. Typically, these appellate
procedures can take many years to be resolved. The claims of a patent
undergoing reexamination remain valid. A reexamination certificate
cancelling, changing or confirming existing claims can only be issued
after all appeals in a reexamination proceeding have been exhausted.
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, particularly with respect to
Tessera’s reexamination and litigation strategies, procedural schedules,
and the actions of government entities.