CHANDLER, Ariz. -- Amkor Technology, Inc. (NASDAQ: AMKR) today announced that the International Trade Commission (the “Commission”) has issued a Notice of Commission Final Determination (the “Notice”) dated July 20, 2010, in which the Commission determined that there is no violation of Section 337 of the Tariff Act in Amkor’s patent infringement case against Carsem.
“We are disappointed by this determination and the lengthy delays in litigating this matter,” said Ken Joyce, Amkor’s president and chief executive officer. “We remain confident that Amkor’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.”
On November 9, 2005, the Administrative Law Judge (the “ALJ”) issued a ruling that Carsem’s Dual and Quad Flat No-Lead Packages infringe certain claims of one of Amkor’s patents relating to MicroLeadFrame® (MLF) technology, that all of Amkor’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 Amkor’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 Commission’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 ALJ’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.