Sep. 8, 2009 (Business Wire) -- Tessera Technologies, Inc. (Nasdaq: TSRA) today announced that the Court of Appeals for the Federal Circuit has denied the respondents' motion to stay the U.S. International Trade Commission's (ITC) Limited Exclusion Order (LEO) and Cease and Desist Orders (CDOs) in Investigation No. 337-TA-605 (Wireless ITC Action). Under the Federal Circuit's order denying a stay, the ITC's LEO and CDOs will remain in full effect while the Federal Circuit considers the respondents' appeal.
"The respondents in the case, including Qualcomm, Freescale and Spansion, continue to be prohibited from importing or selling infringing products in the U.S. for the duration of the appeal," stated Henry R. Nothhaft, president and CEO of Tessera. "We remain confident that the appeal process will confirm the strength of Tessera's patents."
The respondents in the Wireless ITC action are ATI Technologies, Freescale Semiconductor, Inc., Qualcomm, Inc., Spansion, Inc., Spansion, LLC and ST Microelectronics N.V. Tessera asserted infringement of two Tessera patents, U.S. Patent No. 6,433,419 (‘419) and U.S. Patent No. 5,852,326 (‘326). Motorola, Inc., which had been a party to the action, has signed a license agreement with Tessera, and is permitted to import and sell otherwise unlicensed infringing products.
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 litigation strategies, procedural schedules, and the actions of government entities. Material factors that may cause results to differ from the statements made include delays, setbacks or losses relating to our intellectual property or intellectual property litigations, or any invalidation or limitation of our key patents; fluctuations in our operating results due to the timing of new license agreements and royalties, or due to legal costs; changes in patent laws, regulation or enforcement, or other factors that might affect our ability to protect our intellectual property; the risk of a decline in demand for semiconductor products; failure by the industry to adopt our technologies; competing technologies; the future expiration of our patents; the future expiration of our license agreements and the cessation of related royalty income; the failure or refusal of licensees to pay royalties; failure to achieve the growth prospects and synergies expected from acquisition transactions; and delays and challenges associated with integrating acquired companies with our existing businesses. You are cautioned not to place undue reliance on the forward-looking statements, which speak only as of the date of this release.