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Tessera stock tumbles on adverse re-exam result

By Lawrence B. Ebert, Esq.

Thomson Financial noted that shares of Tessera Technologies Inc. fell on 4 March after the U.S. Patent Office rejected (on 29 Feb.) Tessera's claims of a patent in reexamination case brought by Siliconware. A press release noted: On February 29, 2008, the Patent Office issued an Official Action rejecting Tessera?s 6,133,627 patent in ex parte reexamination. The Patent Office rejected every claim of the ?627 patent that is in reexamination. On February 26, the International Trade Commission took the rarely employed step of staying a hearing based on Siliconware's reexaminations. The ITC stayed Tessera's investigation against Spansion, Qualcomm, ATI Technologies, Motorola, STMicroelectronics, and Freescale. The patents Tessera is asserting against Siliconware are part of Tessera?s ?Compliant Chip? license, a portfolio that had been previously asserted in numerous litigations and which, according to Tessera, has generated over $250 million dollars in licensing profits.

IPBiz notes that there were several re-exams relating to the '627 patent, including 90/008,845, 90/008,696, and 95/000,227.
In re-exam 8,845, a NON FINAL Office Action was mailed on 29 Feb to the law firm Lerner David. In this non-final Action, the examiner laid out detailed claim charts for invalidity, which included several 102(b) rejections. The claims at issue in the re-exam (which are not all claims of the '627 patent) were rejected.

Live by the sword, die by the sword. Or was it live by the slider, die by the slider?

Full post as published by IPBiz on March 04, 2008 (boomark / email).