SAN FRANCISCO—The U.S. Court of Appeals for the Federal Circuit Monday (May 23) affirmed a decision by the U.S. International Trade Commission (ITC) that DRAM vendors did not infringe on a Tessera patent by using wBGA laminate-based package substrates.
The appeals court also affirmed that the Tessera patent, U.S. Patent No. 5,663,106, is valid and is infringed by the use of μBGA polyimide-based package substrates. However, the court also affirmed that Tessera has no grounds to sue Japan's Elpida Memory Inc.—the only company accused of importing μBGA products—because Elpida obtains the packaging from Terrera licensees.
Because two other patents at issue expired before the appeal, the court vacated the portion of the ITC's decision related to them at Tessera's request, the company said.
"Although we are somewhat disappointed in today's decision by the U.S. Court of Appeals, we do not believe it will have a material impact on our business," said Robert A. Young, Teserra's president and CEO, in a statement. Young said the court's decision did not alter licensees' obligation to pay royalties to Tessera.
"We will have an opportunity to appeal today's ruling and are continuing to review other avenues open to us to ensure we are fully compensated for use of our technology," Young said.
Tessera said it has 45 days to petition the panel and/or the full Court of Appeals for rehearing, and may petition the U.S. Supreme Court for a writ of certiorari within 90 days after entry of the judgment or any requests for rehearing are denied, whichever is later.
Also Monday, Tessera's subsidiary, Invensas Corp., filed a patent infringement suit against Renesas Electronics Corp. in U.S. federal court in Delaware. The suit alleges infringement of four U.S. patents. Renesas previously filed a separate suit against Renesas on Oct. 1, 2010. The latest suit alleges infringement of patents held in Invensas 280-patent strong portfolio, Renesas said.