SCOTTS VALLEY, Calif., Aug. 8, 2005 (PRIMEZONE) -- Carsem, a leading provider of turnkey packaging and test services to the semiconductor industry, announced today that the International Trade Commission (ITC) recently issued a notice in Carsem's patent infringement litigation with Amkor (ITC Investigation no. 337-TA-501) that they will reopen the record to make further findings with respect to ASAT, Inc.'s control over their parent company's patent documents. The commission also notified the parties it will further extend the target date for completion of the Investigation.
Amkor filed its original complaint with the ITC on November 17, 2003 accusing Carsem of infringing claims in three of Amkor's United States Patents. Following a hearing in July and August 2004, an Administrative Law Judge (ALJ) issued an Initial Determination finding all of the asserted claims of Amkor's patents invalid, not infringed, or both, and no violation by Carsem. Subsequently, the Commission reviewed the Initial Determination and remanded to the ALJ for further findings on several issues. That process is currently pending.
ASAT has at least two patents that are nearly identical to those Amkor asserted against Carsem, and that have earlier filing dates. Prior to and during the ITC hearing in July 2004, Carsem contended these patents constitute invalidating prior art based on their earlier invention dates. Carsem subpoenaed ASAT, Inc. and sought relevant documents and information from ASAT, Inc. and its Hong Kong parent companies ASAT Holdings, Ltd. and ASAT Limited, regarding the invention dates. The ITC and the District Court both ordered ASAT, Inc. to produce the requested discovery, including documents in possession of its Hong Kong parent companies. However, in June 2005, the D.C. Circuit Court of Appeals ruled the ITC and District Court had not provided sufficient factual support to conclude ASAT, Inc. is in "control" of its parents' documents. The D.C. Circuit remanded the matter to the ITC and Carsem filed a motion to re-open the record to permit the ITC to make additional factual findings in support of the "control" issue and Amkor opposed the motion. On July 26, 2005, the ITC granted Carsem's motion and agreed to re-open the record in order to make additional findings on the "control" issue. Such findings may support further subpoena enforcement proceedings against ASAT, Inc. for the subpoenaed documents and information. As a result, the ITC has extended the previous target date in this Investigation from November 21, 2005 to a new target date of February 9, 2006.
David Comley, Carsem's Group Managing Director, stated, "I am very pleased that the ITC has decided to take this action and we remain confident the ITC's final ruling will continue to favor Carsem."
About Carsem
Carsem is a leading provider of turnkey packaging and test services to the semiconductor industry, and offers one of the widest ranges of package & test portfolios in the world. To meet the growing demands of the telecommunications and wireless markets for smaller, faster, thermally-efficient devices, Carsem's portfolio includes several advanced technologies, such as the Micro Leadframe Package (MLP), Small Scale Ball Grid Array (SSBGA), Flip Chip On Leadframe (FCOL), and a SiP (System-in-Package) capability. Carsem also offers a full range of turnkey test services for RF, mixed-signal, linear, digital and power devices. Our factories maintain world-class quality standards having achieved SAC Level 1, ISO-9001, ISO-14001, QS-9000, TS16949 certifications, and are supported with a global network of sales and engineering support offices. Carsem is a member of the Hong Leong Group with factories located in Ipoh, Malaysia, Suzhou, China and sales offices across the USA, plus the UK and Taiwan. Carsem, Inc. sales headquarters is located at 269 Mt. Hermon Road, Suite 104, Scotts Valley, CA 95066, phone (831) 438-6861, fax (831) 438-6863, web site: www.carsem.com.