Contact Information: Contacts: FormFactor, Inc. Michael Magaro Investor Relations (925) 290-4949
Korean District Court Dismisses Infringement Complaint
Seoul Southern District Court Decision Does Not Address FormFactor Infringement Claims Under Other Korean Patents That Are Still Pending Against Phicom Corporation
| Source: FormFactor, Inc.
LIVERMORE, CA--(Marketwire - April 18, 2008) - FormFactor, Inc. (NASDAQ : FORM ) announced the
Seoul (Korea) Southern District Court issued an oral ruling dismissing the
company's complaint alleging Phicom's infringement of seven claims of
FormFactor's Korean Patent No. 252457, and four claims of FormFactor's
Korean Patent No. 324064. The announced district court decision was based
on issues relating to the validity of the patent claims and did not
substantively address FormFactor's infringement allegations. Following
normal practice, a written opinion explaining the ruling will typically be
expected in one to three weeks.
"Once we receive the Seoul Southern District Court's written decision on
our Korea Patent Nos. 252457 and 324064, we will evaluate the potential
impact on our other ongoing Korea infringement proceedings," said Stuart
Merkadeau, FormFactor's senior vice president, general counsel. "The
Korean litigations are only one part of a comprehensive litigation strategy
in multiple jurisdictions involving multiple patents, including our pending
action before the U.S. International Trade Commission. Protecting our
intellectual property rights against unauthorized use is important as it
helps enable our continuing commitment to innovation."
"FormFactor's wafer test products are the result of our intense focus on
research and development and are relied upon by our customers to reduce
their overall cost of test and meet their technical roadmaps," added Mario
Ruscev, FormFactor president. "We continue to work with customers in Korea
and throughout the world to deliver mission critical products and believe
the announced ruling will have no immediate business impact."
FormFactor's other infringement claims in Korea against Phicom, which were
filed February 24, 2004 with the Seoul Southern District Court (Patent Nos.
278342, 399210) and in August 8, 2006 with the Seoul Central District Court
(Patent No. 252457), are still pending. In 2007 the Korea Supreme Court
issued a decision holding invalid certain claims from FormFactor's Korea
Patent Nos. 278342 and 399210, but the decision did not address
specifically the validity of all of the claims asserted against Phicom
under those patents. The Korea Supreme Court has yet to rule on
FormFactor's appeal of a Korea Patent Court decision holding invalid
certain claims of its Korea Patent No. 324064 or on Phicom's appeal of a
2006 Korea Patent Court decision upholding the validity of FormFactor's
Korea Patent No. 252457.
About FormFactor:
Founded in 1993, FormFactor, Inc. (NASDAQ : FORM ) is the leader in advanced
wafer probe cards, which are used by semiconductor manufacturers to
electrically test integrated circuits, or ICs. The company's wafer sort,
burn-in and device performance testing products move IC testing upstream
from post-packaging to the wafer level, enabling semiconductor
manufacturers to lower their overall production costs, improve yields, and
bring next-generation devices to market. FormFactor is headquartered in
Livermore, California with operations in Europe, Asia and North America.
For more information, visit the company's web site at www.formfactor.com.
FormFactor is a registered trademark of FormFactor, Inc. All other
product, trademark, company or service names mentioned herein are the
property of their respective owners.
Forward-Looking Statements
Statements in this press release that are not strictly historical in nature
are forward-looking statements within the meaning of the federal securities
laws, including statements regarding business momentum, demand for our
products and solutions and future growth. These forward-looking statements
are based on current information and expectations that are inherently
subject to change and involve a number of risks and uncertainties. Actual
events or results might differ materially from those in any forward-looking
statement due to various factors, including, but not limited to: the
company's ability to defend its intellectual property rights in Korea and
elsewhere in the world, to develop customized products that meet its
customers' ever-evolving test requirements and to continue to timely
manufacture and deliver the next generation of testing technology to help
enable semiconductor manufacturers to lower their test costs. Additional
information concerning factors that could cause actual events or results to
differ materially from those in any forward-looking statement is contained
in the company's Form 10-K for the year ended December 29, 2007, filed with
the Securities and Exchange Commission ("SEC"), and subsequent SEC filings.
Copies of the company's SEC filings are available at
http://investors.formfactor.com/edgar.cfm. The company assumes no
obligation to update the information in this press release, to revise any
forward-looking statements or to update the reasons actual results could
differ materially from those anticipated in forward-looking statements.