Korea Supreme Court Affirms Patent Court Decision Invalidating Some Claims of Two FormFactor Korea Patents
September 6, 2007
Decision does not address and thus leaves in place Korean Intellectual Property Office validation of certain FormFactor claims asserted against Phicom Corporation; Supreme Court has yet to rule on appeals relating to two other FormFactor Korea Patents
LIVERMORE, Calif. – September 6, 2007 – FormFactor, Inc. (Nasdaq: FORM) announced the Korea Supreme Court issued a ruling affirming a 2005 Korea Patent Court decision invalidating certain claims of FormFactor’s Korea Patent Nos. 278342 and 399210. The Korea Supreme Court ruling does not address 27 claims of Patent No. 278342 and 77 claims of Patent No. 399210 that were upheld by the Korean Intellectual Property Office and outside of the scope of the Patent Court decision. 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 defend our rights in Korea,” said Stuart Merkadeau, FormFactor’s senior vice president, general counsel. “Once we receive the Supreme Court’s written decision on our Korea Patent Nos. 278342 and 399210, we will evaluate the potential impact on our ongoing Korea infringement proceedings against Phicom Corporation. The Korean litigations are only one part of a comprehensive litigation strategy in multiple jurisdictions involving multiple patents.”
The Korea Supreme Court has yet to rule on two other appeals addressing FormFactor Korea patents. One of the patents, FormFactor’s Korea Patent No. 252457, has been upheld by both the Korean Intellectual Property Office and the appellate Patent Court.
“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 Igor Khandros, chief executive officer of FormFactor. “We continue to work with customers in Korea and throughout the world to deliver mission critical products and believe the Korea Supreme Court ruling will have no current business impact.”
In addition to FormFactor’s commitment to innovation and its intellectual property and proprietary technologies, the Company’s advanced manufacturing, which leads the industry in its capability- level and capacity, makes FormFactor a key supplier to the semiconductor industry worldwide.