Korean District Court Dismisses Infringement Complaint
April 18, 2008
Seoul Southern District Court decision does not address FormFactor infringement claims under other Korean patents that are still pending against Phicom Corporation
LIVERMORE, Calif. – April 18, 2008 – FormFactor, Inc. (Nasdaq: FORM) 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. 324,064, or on Phicom’s appeal of a 2006 Korea Patent Court decision upholding the validity of FormFactor’s Korea Patent No. 252457.