InvenSense, Inc. : InvenSense® Provides Legal Matters Update
SUNNYVALE, Calif., April 25, 2013 - InvenSense, Inc. (NYSE: INVN), the leading
provider of MotionTracking^(TM) devices, previously announced that in the
initial patent litigation action brought by ST Microelectronics, Inc. (ST)
(NYSE: STM) in the United States District Court for the Northern District of
California, InvenSense won its motion to stay that case in view of separate
proceedings before the United States Patent Office (USPTO) challenging the
validity of all of ST's asserted patents.
All of ST's claims asserted in that initial litigation are subject to USPTO
reexamination proceedings. To date, the USPTO has determined that substantial
questions of patentability exist for eight of the nine patents asserted by ST
and has issued office actions rejecting ST's asserted claims in four of the
patent reexamination requests. In view of the pending USPTO reexaminations,
the United States District Court for Northern California stayed the initial
litigation brought by ST.
On March 12, 2013, despite the findings of the USPTO and the action of the
federal district court in the first case initiated by ST, almost a year later,
ST filed a new complaint with the International Trade Commission (ITC) with
respect to three of the same patents it asserted in the initial federal
district court case, all three of which patents are currently being
re-examined by the USPTO. The claims associated with two of the three ST
patents from the prior case, now in the ITC case, have already been rejected
by the USPTO in initial office actions. ST is also asserting two additional
patents that were not in the initial federal court litigation. InvenSense has
reviewed the claims of the two additional patents asserted by ST in the ITC
matter, and considers ST's new patent claims to be wholly without merit.
InvenSense will continue to vigorously defend itself before the ITC and has
filed requests for inter partes review citing prior art references for each of
the two additional patents-in-suit with the USPTO.
On March 12, 2013, ST also filed a second complaint in the United States
District Court for the Northern District of California with respect to the two
additional patents included in the ITC matter. This new case has been stayed
pending resolution of the ITC action.
With respect to one of the two additional ST patents included in the ITC
action and the second federal district court case, ST's patent claims are
directed to common, non-MEMS specific, widely available CMOS semiconductor
wafers with a tungsten plug. As a fabless semiconductor manufacturing company
InvenSense purchases its CMOS wafers from third parties.
Finally, with respect to InvenSense's customers included in the new ITC action
brought by ST, InvenSense intends to defend both customers against ST's claims
through InvenSense's own litigation counsel Morrison & Foerster LLP.
Management Qualitative Comments
"We are disappointed that ST is effectively wasting government agency
resources and trying to do an end run around the work done and in progress
with respect to ST's patent claims at the United States Patent Office and
federal district court," said Alan Krock, Vice-President and Chief Financial
Officer of InvenSense. "We are also disappointed that ST chose to include
end-market customers in its legal actions, but we are pleased to be able to
defend those customers from ST's claims. With respect to ST's manufacturing
process claims, we are surprised that ST chose to initiate legal action with
InvenSense with respect to manufacturing-process technology widely available
to and used by many semiconductor companies."
InvenSense Inc. (NYSE: INVN) is the world's leading provider
ofMotionTracking^(TM)solutions for consumer electronic devices. The
company's patentedInvenSensePlatform and patent-pending MotionFusion^(TM)
technology address the emerging needs of many mass-market consumer
applications via improved performance, accuracy, and intuitive motion- and
gesture-based interfaces. InvenSense technology can be found in consumer
electronic products including smartphones, tablets, gaming devices, optical
image stabilization, and remote controls for Smart TVs. The company's
MotionTracking products are also being integrated into a number of industrial
applications. InvenSense is headquartered in Sunnyvale, California and has
offices in China, Taiwan, Korea, Japan, and Dubai. More information can be
©2013 InvenSense, Inc. All rights reserved. InvenSense, MotionTracking,
MotionProcessing, MotionProcessor, MotionFusion, MotionApps, DMP, and the
InvenSense logo are trademarks of InvenSense, Inc. Other company and product
names may be trademarks of the respective companies with which they are
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Source: InvenSense, Inc. via Thomson Reuters ONE
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