ITC Win is Tessera's Third Major Favorable Decision Against
Broadcom in Four Months
SAN JOSE, Calif.--(BUSINESS WIRE)--
Tessera Technologies, Inc. and certain of its subsidiaries
(collectively, "Tessera," a subsidiary of Xperi Corporation (NASDAQ:
XPER) (the "Company")), confirmed more details today on its significant
win against Broadcom Corporation ("Broadcom") and certain of its
customers in the U.S. International Trade Commission ("ITC").
Administrative Law Judge ("ALJ") Sandra Dee Lord issued a notice of
initial determination ("ID") on June 30, 2017, and the Company's counsel
has now received the full ID and confirmed the broad scope of Tessera's
victory.
"We are very pleased with this result, which our counsel has confirmed
is a complete victory on the ‘946 Patent," said Jon Kirchner, the
Company's CEO, referring to U.S. Patent No. 6,849,946 (the "‘946
Patent"). "The ALJ found that the ‘946 Patent is infringed, valid, and
has a domestic industry in the United States. This is a key patent on a
fundamental manufacturing process technology that is not only very
broadly infringed across all of Broadcom's significant product lines,
but, we believe, is used by many others in the semiconductor industry."
The infringing Broadcom products are semiconductor chips that fall into
one of seven technology nodes: 16nm, 20nm, 28nm, 45/40nm, 65/60/55nm,
90nm, and 130nm. The ‘946 Patent covers the largest number of Broadcom
products of all three patents at issue in the ITC investigation.
This is the second time that the ‘946 Patent's validity has been
confirmed in the past four months - first by the Patent Trial and
Appeals Board when it denied Broadcom's petition for Inter Partes Review
("IPR") in March, and now by the ITC. This patent is also at issue in
the Company's parallel lawsuits against Broadcom and Avago in Delaware
federal district court, where the Company is seeking damages.
The ALJ also recommended that the ITC issue its standard remedies that
would bar Broadcom and its customers Arista Networks, ARRIS/Pace,
ASUSTeK/ASUS, Comcast Cable, HTC, NETGEAR, and Technicolor from
importing, selling, and engaging in a variety of related domestic
activity in connection with infringing imported products. The infringing
products include a very wide array of Broadcom chips and the products
that incorporate them, such as set-top boxes, routers, modems, gateways,
cell phones and other mobile devices, as well as Ethernet switches and
other chips designed for data centers, enterprises, and cloud computing
servers. The case is now subject to review by the ITC Commissioners.
"We are also pleased by the ALJ's ruling that the ‘136 Patent is
infringed and valid," Kirchner added, referring to U.S. Patent No.
6,133,136 (the "‘136 Patent"). "This is the second time this patented
technology has been found to be infringed by Broadcom - first by a court
in Germany and now by the ITC. And now the validity of the patent has
also been confirmed. Although the ALJ found that the ‘136 lacked a
domestic industry, that is a special requirement unique to the ITC that
does not apply in federal district court or in Europe, where the Company
has parallel cases against Broadcom."
"Broadcom has now been found to infringe multiple patents in multiple
jurisdictions - two of our U.S. patents and one of our E.U. patents. The
ITC decision is our third major favorable decision against Broadcom in
the past four months, along with the German infringement ruling and the
IPR decision on the ‘946 Patent. We remain interested in negotiating a
fair and reasonable license with Broadcom, but absent a satisfactory
resolution, we will continue to defend our IP rights and enforce these
decisions to the fullest extent of the law," Kirchner concluded.
About Xperi Corporation's Semiconductor and IP Licensing Business
Tessera and Invensas are subsidiaries of Xperi Corporation. Over the
past 27 years, research and development at both Tessera and Invensas
has led to significant innovations in semiconductor packaging
technology, which has been widely licensed and is found in billions of
electronic devices globally.
Invensas develops next-generation semiconductor packaging and
interconnect technologies for memory, mobile, computing and automotive
applications. Through collaborative partnerships with world-class
manufacturing companies and high-volume equipment and materials
suppliers, Invensas licenses these technology solutions to original
equipment manufacturers, original design manufacturers, integrated
device manufacturers, fabless device suppliers, foundries and outsourced
assembly and test providers, and supports the technology transfer at
customer-designated sites. Additionally, Invensas' low temperature wafer
bonding technologies target the image sensor, DRAM, MEMS, RF and 2.5D
logic markets.
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 the ITC
proceedings, and the applicability of the U.S. Patent Nos. 6,849,946 or
6,133,136 to Broadcom or its customers. Material factors that may cause
results to differ from the statements made include the plans or
operations relating to the businesses of the Company; market or industry
conditions; changes in patent laws, regulation or enforcement, or other
factors that might affect the Company's ability to protect or realize
the value of its intellectual property; the expiration of license
agreements and the cessation of related royalty income; the failure,
inability or refusal of licensees to pay royalties; initiation, delays,
setbacks or losses relating to the Company's intellectual property or
intellectual property litigations, or invalidation or limitation of key
patents; fluctuations in operating results due to the timing of new
license agreements and royalties, or due to legal costs; the risk of a
decline in demand for semiconductors and products utilizing our audio
and imaging technologies; failure by the industry to use technologies
covered by the Company's patents; the expiration of the Company's
patents; the Company's ability to successfully complete and integrate
acquisitions of businesses; the risk of loss of, or decreases in
production orders from, customers of acquired businesses; financial and
regulatory risks associated with the international nature of the
Company's businesses; failure of the Company's products to achieve
technological feasibility or profitability; failure to successfully
commercialize the Company's products; changes in demand for the products
of the Company's customers; limited opportunities to license
technologies due to high concentration in applicable markets for such
technologies; the impact of competing technologies on the demand for the
Company's technologies; failure to realize the anticipated benefits of
the Company's recent acquisition of DTS, Inc., including as a result of
integrating the business of DTS; pricing trends, including the Company's
ability to achieve economies of scale; the expected amount and timing of
cost savings and operating synergies; and other developments in the
markets in which the Company operates, as well as management's response
to any of the aforementioned factors. You are cautioned not to place
undue reliance on the forward-looking statements, which speak only as of
the date of this release.
The foregoing review of important factors should not be construed as
exhaustive and should be read in conjunction with the other cautionary
statements that are included herein and elsewhere, including the Risk
Factors included in the Company's recent reports on Form 10-K and Form
10-Q and other documents of the Company on file with the Securities and
Exchange Commission (the "SEC"). The Company's SEC filings are available
publicly on the SEC's website at www.sec.gov.
Any forward-looking statements made or incorporated by reference herein
are qualified in their entirety by these cautionary statements, and
there can be no assurance that the actual results or developments
anticipated by the Company will be realized or, even if substantially
realized, that they will have the expected consequences to, or effects
on, the Company or its business or operations. Except to the extent
required by applicable law, the Company undertakes no obligation to
update publicly or revise any forward-looking statement, whether as a
result of new information, future developments or otherwise.
SOURCE: XPERI CORPORATION
XPER-L
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Xperi Corporation
PR Contact:
Jordan Miller, +1
818-436-1082
jordan.miller@xperi.com
or
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Relations Contact:
Geri Weinfeld, +1 818-436-1231
geri.weinfeld@xperi.com
Source: Xperi Corporation
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