Intellectual Property
The following is an excerpt from a 10-K SEC Filing, filed by ASYST TECHNOLOGIES INC on 6/12/2008.
Intellectual Property
We pursue patent, trademark and/or copyright protection for most of our products. As of March 31, 2008, we held 125 issued United States patents and 273 foreign patents (including 102 issued patents in Japan). We have 60 patent applications pending in the United States, and 386 pending foreign patent applications (including 235 pending patent applications in Japan). Our issued patents expire between 2008 and 2025. We also have the right to use in our products 50 patents issued in Japan under a cross-license agreement with Shinko. These issued patents expire between 2008 and 2018. We intend to file additional patent applications as appropriate. There can be no assurance that patents will be issued from any of these pending applications or that any claims in existing patents, or allowed from pending patent applications, will be sufficiently broad to protect our technology. Rights that may be granted under our patent applications that may issue in the future may not provide us competitive advantages or protections. Further, patent protections in foreign jurisdictions where we may need this protection may be limited, unavailable or not readily enforceable. While we intend to take reasonable and timely steps to establish our intellectual property rights to gain competitive advantage, there can be no assurance that we will obtain patents and other intellectual property rights.
There has been substantial litigation regarding patent and other intellectual property rights in semiconductor-related industries. There can be no assurance that any of our patents will not be challenged, invalidated or avoided, or that the rights granted there under will provide us with competitive advantages. Litigation may be necessary to enforce our patents, to protect our trade secrets or know-how, to defend us against claimed infringement of the rights of others, or to determine the scope and validity of the patents or other intellectual rights of others. Any such litigation could result in substantial cost and divert the attention of management, which by itself could have a material adverse effect on our financial condition and operating results. Further, adverse determinations in such litigation could result in our loss of intellectual property rights, subject us to significant liabilities to third parties, and require us to seek licenses from third parties or prevent us from manufacturing or selling our products, any of which could have a material adverse effect on our financial condition and results of operations.
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