CHANDLER, Ariz.--(BUSINESS WIRE)--Oct. 12, 2014--
Amkor Technology, Inc. (NASDAQ: AMKR) today announced two rulings in its
long-running dispute with Tessera Technologies, Inc. related to a
license agreement entered into in 1996 between Tessera and Amkor’s
predecessor. On October 10, 2014, the Patent Trial and Appeal Board at
the United States Patent and Trademark Office, in an inter partes
review proceeding, or IPR, ruled on our petition seeking cancellation of
certain claims of U.S. Patent No. 6,046,076. In a two-one decision, the
IPR board reversed its preliminary determination and denied Amkor’s
petition with respect to the most material claims. As previously
reported, an arbitration panel has awarded Tessera royalties of $113
million plus interest, most of which relate to our alleged use of the
‘076 patent. The Superior Court for San Francisco County formally
confirmed the arbitration panel’s award on October 9.
“We believe the decisions by the IPR board and Superior Court are in
error and plan to pursue all avenues of appeal,” noted Gil Tily, Amkor’s
executive vice president and general counsel. “The IPR was decided by a
split decision, which is unusual for these types of proceedings. We
strongly agree with the dissenting judge’s view that the ‘076 claims at
issue are unpatentable and we plan to appeal the decision to the United
States Court of Appeals for the Federal Circuit. Furthermore, the
California state court ruling is just the initial step in the State
Court confirmation process, and we will be challenging that decision in
the appellate courts.”
Other proceedings with respect to the arbitration award in the
California state appellate court and the United States District Court
for the District of Delaware, which are described more fully in Amkor’s
previous filings with the Securities and Exchange Commission, remain
pending.
About Amkor
Amkor is a leading provider of semiconductor packaging and test services
to semiconductor companies and electronics OEMs. More information about
Amkor is available from the company's filings with the Securities and
Exchange Commission and at Amkor's website: www.amkor.com.
Forward-Looking Statement Disclaimer
This announcement contains forward-looking statements within the meaning
of federal securities laws. All statements other than statements of
historical fact are considered forward-looking statements including,
without limitation, statements regarding appeal of the IPR and Superior
Court decisions and the pursuit of other proceedings. These
forward-looking statements involve a number of risks, uncertainties,
assumptions and other factors that could affect future results and cause
actual results and events to differ materially from historical and
expected results and those expressed or implied in the forward-looking
statements, including, but not limited to, that there can be no
assurance that the final amount due to Tessera will not be significantly
more or less than Amkor’s expectations or accruals, that Amkor will
prevail in any appeal of the IPR and Superior Court proceedings or any
other proceedings relating to this dispute or regarding the impact of
such proceedings.
Other important risk factors that could affect the outcome of the events
set forth in these statements and that could affect Amkor’s operating
results and financial condition are discussed in Amkor’s Annual Report
on Form 10-K for the year ended December 31, 2013, and in its subsequent
filings with the Securities and Exchange Commission made prior to or
after the date hereof. Amkor undertakes no obligation to review or
update any forward-looking statements to reflect events or circumstances
occurring after the date of this announcement.
Source: Amkor Technology, Inc.
Amkor Technology, Inc.
Greg Johnson
Senior Director, Investor
Relations and Corporate Communications
480-786-7594
greg.johnson@amkor.com
