Korean District Court Dismisses Infringement Complaint
April 18 2008 - 4:00AM
Marketwired
LIVERMORE, CA announced the Seoul (Korea) Southern District
Court issued an oral ruling dismissing the company's complaint
alleging Phicom's infringement of seven claims of FormFactor's
Korean Patent No. 252457, and four claims of FormFactor's Korean
Patent No. 324064. The announced district court decision was based
on issues relating to the validity of the patent claims and did not
substantively address FormFactor's infringement allegations.
Following normal practice, a written opinion explaining the ruling
will typically be expected in one to three weeks.
"Once we receive the Seoul Southern District Court's written
decision on our Korea Patent Nos. 252457 and 324064, we will
evaluate the potential impact on our other ongoing Korea
infringement proceedings," said Stuart Merkadeau, FormFactor's
senior vice president, general counsel. "The Korean litigations are
only one part of a comprehensive litigation strategy in multiple
jurisdictions involving multiple patents, including our pending
action before the U.S. International Trade Commission. Protecting
our intellectual property rights against unauthorized use is
important as it helps enable our continuing commitment to
innovation."
"FormFactor's wafer test products are the result of our intense
focus on research and development and are relied upon by our
customers to reduce their overall cost of test and meet their
technical roadmaps," added Mario Ruscev, FormFactor president. "We
continue to work with customers in Korea and throughout the world
to deliver mission critical products and believe the announced
ruling will have no immediate business impact."
FormFactor's other infringement claims in Korea against Phicom,
which were filed February 24, 2004 with the Seoul Southern District
Court (Patent Nos. 278342, 399210) and in August 8, 2006 with the
Seoul Central District Court (Patent No. 252457), are still
pending. In 2007 the Korea Supreme Court issued a decision holding
invalid certain claims from FormFactor's Korea Patent Nos. 278342
and 399210, but the decision did not address specifically the
validity of all of the claims asserted against Phicom under those
patents. The Korea Supreme Court has yet to rule on FormFactor's
appeal of a Korea Patent Court decision holding invalid certain
claims of its Korea Patent No. 324064 or on Phicom's appeal of a
2006 Korea Patent Court decision upholding the validity of
FormFactor's Korea Patent No. 252457.
About FormFactor:
Founded in 1993, FormFactor, Inc. (NASDAQ: FORM) is the leader
in advanced wafer probe cards, which are used by semiconductor
manufacturers to electrically test integrated circuits, or ICs. The
company's wafer sort, burn-in and device performance testing
products move IC testing upstream from post-packaging to the wafer
level, enabling semiconductor manufacturers to lower their overall
production costs, improve yields, and bring next-generation devices
to market. FormFactor is headquartered in Livermore, California
with operations in Europe, Asia and North America. For more
information, visit the company's web site at
www.formfactor.com.
FormFactor is a registered trademark of FormFactor, Inc. All
other product, trademark, company or service names mentioned herein
are the property of their respective owners.
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, demand for our products and solutions
and future growth. 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 company's ability to defend its intellectual
property rights in Korea and elsewhere in the world, to develop
customized products that meet its customers' ever-evolving test
requirements and to continue to timely manufacture and deliver the
next generation of testing technology to help enable semiconductor
manufacturers to lower their test costs. 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-K for the year ended December
29, 2007, filed with the Securities and Exchange Commission
("SEC"), and subsequent SEC filings. Copies of the company's SEC
filings 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.
Contacts: FormFactor, Inc. Michael Magaro Investor Relations
(925) 290-4949 Email Contact
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