Korean Patent Court Issues Ruling Re-Opening Case on FormFactor Patent
February 09 2006 - 4:40AM
Business Wire
FormFactor, Inc. (Nasdaq:FORM): Patent Court Also Leaves in Place
Validity Decision of Korean Intellectual Property Office on
Majority of Claims of Second FormFactor Patent, While Holding
Certain Other Claims Invalid FormFactor, Inc. (Nasdaq:FORM)
announced the Korean Patent Court issued an oral ruling declining
to render a decision on the Company's Korean Patent No. 252,457,
and re-opening the case for further proceedings. The timing of any
decision on the case, which will be handled by a new panel of
judges, was not set. The Patent Court also issued a ruling on
FormFactor's Korean Patent No. 324,064. The ruling did not address
the validity decision of the Korean Intellectual Property Office as
it related to 61 claims of Patent No. 324,064, including several
claims that FormFactor recently added to its infringement lawsuit
against Phicom Corporation. The Patent Court ruling invalidated 10
claims of Patent No. 324,064. Following normal practice, the bases
for the rulings were not given and written opinions explaining the
rulings would typically be expected in one to three weeks. "We will
continue to protect our intellectual property rights against
unauthorized use and will vigorously defend the validity of our
Korean Patent No. 252,457 before the new Patent Court panel of
judges," said Stuart Merkadeau, FormFactor's senior vice president,
general counsel. "The Korean litigations are only one part of a
comprehensive litigation in multiple jurisdictions involving
multiple patents. Once we receive the Patent Court's written
decision on our Korean Patent No. 324,064, we will evaluate the
substantive merits of an appeal." "Semiconductor manufacturers rely
on FormFactor's innovation and technology to deliver wafer test
products that reduce their overall cost of test, increase yield,
and meet their technical roadmaps," added Joe Bronson, President of
FormFactor. "We believe these latest Patent Court rulings will have
no current business impact." In addition to FormFactor's commitment
to its intellectual property and proprietary technologies, the
Company's advanced manufacturing, which leads the industry in its
capability-level and capacity, make FormFactor the mission critical
supplier to the semiconductor industry worldwide, including Korea.
About FormFactor FormFactor, Inc. (Nasdaq:FORM) is an industry
leader in the design, development, manufacture, sale and support of
precision, high-performance advanced semiconductor wafer probe
cards. The Company's products are based on its proprietary
technologies, including its MicroSpring interconnect technology and
design processes, which enable FormFactor to produce wafer probe
cards for test applications that require reliability, speed,
precision and signal integrity. FormFactor is headquartered in
Livermore, California. For more information, visit the Company's
web site at www.formfactor.com. Forward-Looking Statements
Statements in this press release that are not strictly historical
in nature are forward-looking statements within the meaning of the
federal securities laws, including statements regarding business
momentum, future growth and the performance of our products. These
forward-looking statements are based on current information and
expectations that are inherently subject to change and involve a
number of risks and uncertainties. Actual events or results might
differ materially from those in any forward-looking statement due
to various factors, including, but not limited to: the outcome of
any ruling by the Korean Patent Court on the Company's Korean
Patent No. 252,457; the outcome of any ruling on an appeal to the
Korean Supreme Court; the outcome of any ruling on infringement
claims directed to patent claims not affected by the Patent Court
ruling; the impact of the Patent Court rulings on the Company's
current business; and the Company's ability to protect and enforce
its intellectual property rights. Additional information concerning
factors that could cause actual events or results to differ
materially from those in any forward-looking statement is contained
in the Company's Form 10-Q for the period ending September 24,
2005, filed with the Securities and Exchange Commission ("SEC"),
and subsequent filings. Copies of filings made by the Company with
the SEC are available at http://investors.formfactor.com/edgar.cfm.
The Company assumes no obligation to update the information in this
press release, to revise any forward-looking statements or to
update the reasons actual results could differ materially from
those anticipated in forward-looking statements.
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