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ITC Issues Notice of Final Determination Finding No Violation in Amkor MLF Patent Case against Carsem

  //science-technology.news-articles.net/content/2 .. ion-in-amkor-mlf-patent-case-against-carsem.html
  Published in Science and Technology on Wednesday, July 21st 2010 at 13:21 GMT by Market Wire
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CHANDLER, Ariz.--([ BUSINESS WIRE ])--Amkor Technology, Inc. (NASDAQ: AMKR) today announced that the International Trade Commission (the aCommissiona) has issued a Notice of Commission Final Determination (the aNoticea) dated July 20, 2010, in which the Commission determined that there is no violation of Section 337 of the Tariff Act in Amkora™s patent infringement case against Carsem.

"We are disappointed by this determination and the lengthy delays in litigating this matter"

aWe are disappointed by this determination and the lengthy delays in litigating this matter,a said Ken Joyce, Amkora™s president and chief executive officer. aWe remain confident that Amkora™s technology and patent rights for our MLF packaging solutions, which extend well beyond the three patents at issue in this case, ultimately will be validated. Thus, we plan to appeal this ruling to the U.S. Court of Appeals for the Federal Circuit. Amkor has a substantial portfolio of valuable IP assets, and we will continue to enforce and protect our investment in our patents and proprietary technology.a

On November 9, 2005, the Administrative Law Judge (the aALJa) issued a ruling that Carsema™s Dual and Quad Flat No-Lead Packages infringe certain claims of one of Amkora™s patents relating to MicroLeadFrame^® (MLF) technology, that all of Amkora™s asserted claims for that patent are valid, and that Carsem violated Section 337 of the Tariff Act. On February 18, 2010, the Commission found that a certain invention constituted prior art to Amkora™s asserted patents, and remanded the investigation to the ALJ for further findings. On March 22, 2010, the ALJ found that the infringed claims of the Amkor patent are invalid in light of the Commissiona™s finding. Accordingly, the ALJ found no violation of Section 337.

In the Notice issued by the Commission on July 20, 2010, the Commission determined not to review the ALJa™s findings in either of the prior rulings and terminated the investigation. The Notice indicates the Commission will issue an opinion supporting its determination in the future.

About Amkor

Amkor is a leading provider of semiconductor assembly and test services to semiconductor companies and electronics OEMs. More information on Amkor is available from the companya™s SEC filings and on Amkora™s website: [ www.amkor.com ].

Forward-Looking Statement Disclaimer

This press release contains forward-looking statements within the meaning of federal securities laws. All statements other than statements of historical fact are considered forward-looking statements including, without limitation, statements regarding the ultimate outcome of this dispute. These forward-looking statements involve a number of risks, uncertainties, assumptions and other factors that could affect future results and cause actual results and events to differ materially from historical and expected results and those expressed or implied in the forward-looking statements. Important risk factors that could affect the outcome of the events set forth in these statements and that could affect our operating results and financial condition are discussed in the our Annual Report on Form 10-K for the year ended December 31, 2009 and in our subsequent filings with the Securities and Exchange Commission made prior to or after the date hereof. Amkor undertakes no obligation to review or update any forward-looking statements to reflect events or circumstances occurring after the date of this press release.