FormFactor Patent Infringement Lawsuit Against Phicom Moves Forward In US
August 12, 2005
Company completes Service under Hague Convention
LIVERMORE, CA — August 12, 2005 — FormFactor, Inc. (Nasdaq: FORM) today announced it has successfully completed service of process against South Korean defendant Phicom Corporation, under the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, an international treaty. With formal service complete, the path is now clear for FormFactor’s U.S. action to move forward.
FormFactor’s lawsuit charges Phicom is willfully infringing four US patents that cover key aspects of FormFactor’s wafer probe cards. The US action follows similar patent lawsuits initiated by FormFactor last year against Phicom in the Seoul Southern District Court in Korea.
“Intellectual property is integral to our position as a mission critical enabler of wafer test and the power of our innovative, patented technology is evident in the great success of FormFactor’s market-leading products,” stated CEO Igor Khandros. “Protecting and defending our IP is necessary to support and continue our significant R&D efforts that benefit our customers. We will not tolerate the unauthorized use of our patents and technology and will aggressively pursue our legal remedies.”
Phicom has filed an answer to the complaint and a declaratory relief counterclaim. Phicom has also filed a motion in the federal court in Oregon requesting that the lawsuit be moved to the Northern District of California on the grounds of alleged inconvenience. Whether the action proceeds in Oregon or in California, FormFactor will seek injunctive relief to put a stop to Phicom’s infringing activities.
In both the U.S. and Korean courts, FormFactor alleges that Phicom has incorporated FormFactor’s proprietary technology into Phicom products. The Korean Intellectual Property Office has dismissed Phicom’s challenges and upheld the validity of all of the claims of the four FormFactor patents in litigation in Korea; Phicom has appealed these decisions. The Seoul Southern District Court is expected to rule on FormFactor’s infringement claims and injunction requests in the next few months.