|[September 28, 2017]
Tessera Files Legal Proceedings Against Samsung for Patent Infringement
Tessera Technologies (News - Alert), Inc. ("Tessera") and certain of its subsidiaries
filed legal proceedings today against Samsung Electronics, Co., Ltd.
("Samsung") and certain of its affiliates, alleging infringement of 24
patents that cover a wide range of semiconductor processing, bonding,
and packaging technologies, as well as imaging technologies. Tessera is
a subsidiary of Xperi Corporation (Nasdaq: XPER) (the "Company" or
"we"). The legal proceedings were filed in the U.S. International Trade
Commission, three U.S. federal district courts, and certain
international jurisdictions, alleging infringement by Samsung's (News - Alert)
semiconductor products, its Galaxy S6, S7, S8, and Note 8 smartphones,
and other products.
"Samsung has benefitted from its use of our semiconductor technologies
for 20 years, having entered into its first license with Tessera, Inc.
in 1997. Samsung has also been a customer of our FotoNation (News - Alert) imaging
technologies, and has expressed interest in certain of our other
solutions. Samsung's most recent semiconductor patent license expired in
December 2016, but we believe it is continuing to use our patented
technologies without authorization, and without paying us fair
compensation," said Jon Kirchner, the Company's CEO. "We diligently
tried to work through our differences with Samsung over an extended
period of time, and while we remain in dialogue, unfortunately at this
point the parties have not been able to come to an agreement."
"Although we always prefer to reach negotiated license agreements,
Samsung has left us with no choice but to defend our intellectual
property rights through these legal actions," Kirchner added. "We are
confident in the breadth and quality of the proceedings we initiated
today and we strongly believe these actions are in the best interests of
the Company, our other licensees, and our shareholders."
The Company's affiliates filed a total of 10 legal proceedings:
Tessera Advanced Technologies, Inc. ("TATI") filed a complaint against
Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
Samsung Semiconductor, Inc. with the U.S. International Trade
Commission, and a corresponding complaint in the U.S. District Court for
the District of New Jersey, alleging infringement of two patents
relating to "wafer level packaging" semiconductor technologies. The
patents at issue are U.S. Patent Nos. 6,954,001 and 6,784,557.
Invensas Bonding Technologies, Inc. (formerly Ziptronix, Inc.) filed an
action against Samsung Electronics Co., Ltd. and Samsung Electronics
America, Inc. in the U.S. District Court for the District of New Jersey,
alleging infringement of six patents relating to the Company's
semiconductor bonding technologies. The patents at issue are U.S. Patent
Nos. 7,553,744; 7,807,549; 7,871,898; 8,153,505; 9,391,143; and
Invensas Corporation ("Invensas") filed an action against Samsung
Electronics Co., Ltd. and Samsung Austin Semiconductor, LLC in the U.S.
District Court for the District of Delaware, alleging infringement of
two patents relating to semiconductor processing technologies. The
patents at issue are U.S. Patent Nos. 6,849,946 and 6,232,231.
FotoNation Limited and DigitalOptics Corporation MEMS filed an action
against Samsung Electronics Co., Ltd. and Samsung Electronics America,
Inc. in the U.S. District Court for the Eastern District of Texas,
alleging infringement of eight patents relating to imaging technologies.
The patents at issue are 8,254,674; 8,331,715; 7,860,274; 7,697,29;
7,574,016; 7,620,218; 7,916,897; and 8,908,932.
Invensas filed an action against Samsung Electronics Co., Ltd. and
Samsung Electronics America, Inc. in the U.S. District Court for the
Eastern District of Texas, alleging infringement of five patents
relating to semiconductor processing and ball grid array packaging
technologies. The patents at issue are 6,849,946; 6,232,231; 6,054,336;
6,566,167; and 6,825,554.
TATI filed an action against Samsung Electronics Co., Ltd. and Samsung
Electronics America, Inc. in the U.S. District Court for the Eastern
District of Texas, alleging infringement of two patents relating to
wafer level packaging: U.S. Patent Nos. 6,512,298 and 6,852,616.
Invensas filed two actions in the Regional Court of Mannheim, Germany,
one against Samsung Electronics Co., Ltd. and another against Samsung
Electronics GmbH, alleging infringement of the German designation of
European Patent No. EP 1 186 034 B1 ("EP '034 patent"). The EP '034
patent relates to a patented semiconductor interconnect technology.
Invensas also filed an action in the District Court of The Hague,
Netherlands, against Samsung Electronics Co., Ltd., Samsung Electronics
Benelux B.V., Samsung Electronics Europe Logistics B.V., and two of
Samsung's European distributors, Bol.com B.V. and Wehkamp B.V., alleging
infringement of the same EP '034 patent.
About Xperi Corporation
Xperi Corporation (Nasdaq: XPER) and its brands, DTS (News - Alert), FotoNation, HD
Radio, Invensas and Tessera, are dedicated to creating innovative
technology solutions that enable extraordinary experiences for people
around the world. Xperi's solutions are licensed by hundreds of leading
global partners and have shipped in billions of products in areas
including premium audio, broadcast, automotive, computational imaging,
computer vision, mobile computing and communications, memory, data
storage, and 3D semiconductor interconnect and packaging. For more
information, please call 408-321-6000 or visit www.xperi.com.
Xperi, DTS, Invensas, FotoNation, Tessera and their respective logos
are trademarks or registered trademarks of affiliated companies of Xperi
Corporation in the United States and other countries. All other company,
brand and product names may be trademarks or registered trademarks of
their respective companies.
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
Samsung legal proceedings. 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
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 (News - Alert)"). 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.
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