Joseph Lanser Quoted in IP Law360
“Tessera Fails To Nail Down DRAM Cos. In ITC Suit”

Joseph Lanser was quoted in the January 6, 2010 IP Law360 article, “Tessera Fails To Nail Down DRAM Cos. In ITC Suit.” The article discussed how the U.S. International Trade Commission (ITC) has upheld the validity of Tessera Technologies Inc.’s three semiconductor chip packaging patents, but determined that Tessera failed to pin infringement claims on a group of dynamic random access memory (DRAM) chip manufacturers.

According to the article, the finding is a setback for Tessera, which had launched a complaint accusing several DRAM manufacturers of infringing its patents and seeking an order barring the chips from entering the U.S. While the ITC agreed that the patents were valid, it determined that the methodology used by Tessera’s expert was not sufficient to prove infringement related to U.S. Patents and by the DRAM chip makers.

Joe was part of the team that represented Kingston and ProMOS, which also included: Alan Unikel, Mike Levinson, Matt Werber, Jason Stiehl and Brian Clise.  Joe told IP Law360 that as a result of the ruling, the 12 respondents will be able to import packaged DRAM chips and use them in memory modules placed in desktop and notebook computers. He added that, although the ITC has long been feared by foreign entities because of the ITC’s perceived bias towards U.S.-based patent holders, this investigation proves that foreign respondents can prevail. Joe noted, “We were successful in the investigation based, in part, on substantial evidence of non-infringement and evidence that highlighted holes in Tessera's theories of infringement. This is significant because it shows that non-infringement positions must be supported by thorough analysis and expert opinion testimony.”