SAN FRANCISCOThe U.S. International Trade Commission (ITC) has issued a final determination that Tessera Technologies Inc. failed to prove that its patents were infringed by some DRAM manufacturers and sellers, including Elpida Memory Inc., Nanya Technology Corp., Powerchip Semiconductor Corp. and ProMOS Technologies Inc., Tessera said Tuesday (Dec. 29).
According to Tessera (San Jose, Calif.), the ITC's notice affirmed that the three Tessera patents at issue are valid, but ruled that among other things Tessera's expert in the case "was insufficient to prove infringement by the respondents of two of the asserted patents."
As to the third patent involved, the notice indicates that infringement was proven as to some but not all of the accused products, but that, due to patent exhaustion, there was no violation of Section 337 of the Tariff Act of 1930, Tessera said.
Tessera said it has not received the final determination and, therefore, does not yet know the details of any reasoning behind the ITC's conclusions.
"We will have an opportunity to appeal this ruling and are already reviewing other avenues open to us to ensure we are fully compensated for use of our technology," said Henry R. Nothhaft, Tessera president and CEO, in a statement.
Other companies named in the ITC action by Teserra included Acer Inc., Centon Electronics Inc., Kingston Technology Co. Inc., Ramaxel Technology Ltd., Smart Modular Technologies Inc. and TwinMOS Technologies Inc. Tessera had accused the companies of violating patents that are part of a portfolio of technology that is licensed to companies in the semiconductor industry including leading DRAM manufacturers Samsung Electronics Co. Ltd., Hynix Semiconductor Inc. and Micron Technology Inc.
The ITC issued its final ruling following review of an initial determination made by an administrative law judge earlier this year. The DRAM ITC action was originated in December 2007 following a complaint by Tessera.