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Tuesday, December 21, 2010 6:03:14 PM
But we probably need to take the discussion to another board (probably iV).
Tessera just won the appeal of the ITC wireless case (337-TA-605) at the CAFC. This basicallty means that their packaging patents for their Micro Ball Grid Array Technology is valid and infringed by all companies that make mobile phones or chips that go in phones (also DRAM for that matter). They have about 50% of "the wireless market" already licensed (not unlike IDCC has in the 3G market). In this case Tessera was suing Qualcomm, Motorola, Freescale, ST Micro, AMD/ATI and Spansion. After the favorable ID came out in May 2009, Motorola cut and run (they settled with TSRA). The rest of the infringers appealed to the CAFC and today they lost (case # 2009-1460 at the CAFC). All the district court cases Tessera has will now be restarted (they were stayed for the ITC case). The patents have now been ruled valid and infringed by the CAFC, so now we are simply going to have to determine damages (if the parties don't settle). If they keep fighting in District Court, they can be found guilty of willful infringement and could have to pay treble damages...so I see some settlements coming in the near future.
Tessera still has their DRAM action under appeal at the CAFC. That was the 337-TA-630 Case at the ITC. This was an unusual case, in that the ITC confirmed the validity and infringement of the patents, but because Tessera had some licenses with various manufacturers in the far east, Elpdia said that the patents were exhausted (so Tessera lost on patent exhaustion). In reality, Tessera just wants to get paid once by someone in the manufacturing chain, but thus far Elpida and several Taiwanese companies have been able to avoid payments, by saying they are having DRAM chips manufactured by a licensed TSRA supplier. I think this ruling in the wireless case bodes well for Tessera in the DRAM Case (case 2010-1176 at the CAFC). Also, there was some question as to whether TSRA had lost their right to even appeal the patent exhaustion portion of the ruling, but the CAFC clarified that in Tessera favor a couple of months ago. This case will be heard on Jan 14th at the CAFC and I hope to attend.
The ruling today was huge for Tessera, but the market doesn't realize it yet. Tessera could see their revenue jump by 60-70% in 2011, plus they could get huge backpayments for past damages. Of note, Tessera had several patents that expired in 2010, but they have others that still last for several years. Tessera will use the leverage they got from this ruling at the CAFC to get these companies to sign (and they will use negotiations in the area of past damages to get these new licenses signed).
FWIW, I think that there is a good chance that Tessera will now become a acquisition target (QCOM?) now that this case has been decided.
JMHO,
NJ
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