I would not be surprised to see Barney move on as well....but I don't think he has done a terrible job.
Tessera got screwed when the CAFC changed the game rules in the middle of the game in the Kyocera case at the ITC. The CAFC determined in Kyocera v. ITC that the U.S. International Trade Commission did not have statutory authority to issue a limited exclusion order covering downstream products (i.e., products that incorporate infringing components like Tessera's chip scale packaging technology) of third parties not named as respondents in ITC investigations. The CAFC held that in order to obtain relief against downstream products, the complainant ITC cases must name the downstream producer or distributor when seeking a limited exclusion order. If they don't do that, they must satisfy a much higher threshold for obtaining a general exclusion order. Tessera's case was filed before this ruling came out, and they did not name the downstream parties. This was completely unfair IMO.
It remains to be seen how successful Tessera will be in the Amkor situation...but one thing is for sure, the International Chamber of Commerce tribunal agreed with Tessera's cancellation of Amkor's license. Amkor can no longer "launder" Tessera's IP. This should eventually bring some of the parties hiding behind the Amkor license to the table (Qualcomm, Freescale, etc.).
JMHO,
NJ
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