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Tessera Provides Update on Recent PTO Office Actions
Thursday, June 25, 2009 7:06 AM


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Unless the Right of Appeal Notice or Final Action are withdrawn by the PTO, the reexamination proceedings relating to each patent may now move on to the Board of Patent Appeals and Interferences, after which they may go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.



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