Tessera Technologies lost another “office action” regarding patent claims involved in two investigations before the International Trade Commission, although you wouldn’t know that based on the release the company put out today. The patents, which are related to semiconductor packaging technologies, are being reexamined by the U.S. Patent and Trade Office on behalf of several companies Tessera has accused of infringing on them.
A dueling release from the law firm Orrick, Herrington & Sutcliffe, which represents Siliconware Precision Industries in the matter, gave a bit more information about the “office action” to which Tessera alluded, saying that the USPTO has rejected all of Tessera’s claims in the matter.
The law firm’s release includes actual language from the latest Patent Office action rejecting Tessera’s arguments, which it said “have been considered but are not found persuasive.” One section, regarding art filed in connection with the patent application, dealt with a metaphorical point of argument Tessera put forward regarding a plastic backing element that was a part of one of the patents in question.
“[Tessera's comment] regarding concrete bridges and railroad tracks being taken as flexible is quite accurate; they are flexible. If [Tessera] were to bother investigating the matter, which apparently [it] has not, [it] would find that bridges are intentionally engineered to be flexible in order to avoid cracking due to forces resulting from, inter alia, shifting earth, earthquakes, and vibrations from traffic passing over the bridge. The same holds for railroad tracks. Accordingly, [Tessera's argument] only reinforces Examiner’s indication that the plastic backing element … is flexible.”
In its press release, Tessera once again reiterated that time is on its side while the matter remains being processed by the USPTO.
“The claims of a patent undergoing reexamination are valid until a reexamination certificate cancelling the claims is issued. A certificate can only be issued after all actions closing prosecution are concluded, and all appeals have been exhausted.”
The next action is scheduled for a 7-day hearing to begin on Feb. 5, 2009, said Tessera.