NXP(Philips)

Alliacense (Cases TA443, TA486, TA13621 and TA13864) Several assertions have been made relating to alleged infringement of U.S. patent No. 5,440,749 and related dependent patents (the so-called Moore Patent Portfolio) relating to microprocessor technology and co-owned by Technology Properties and Patriot Scientific (now joined in the new company Alliacense). Because of sales by Philips of TriMedia microprocessors in the U.S., Technology Properties and Patriot Scientific in the past offered to settle for USD 22 million but did not want to substantiate their case. Philips refused the offer and is of the opinion that its microprocessors did not infringe the patents involved. Patriot Scientific approached a number of Japanese PC companies, such as Sony, Matsushita, Fujitsu, NEC and Toshiba. Intel, as supplier of Pentium chips, came to their defense. In 2004, Sanyo asked Philips for assistance in their defense. Philips explained that it does not believe that the Philips microprocessors infringe. Recently, Intel, which produces similar microprocessors to those that Philips does, took a license from Technology Properties and Patriot Scientific for an amount of USD 10 to 25 million. In addition, Bosch and Agfa Gevaert recently sent a letter to Philips indicating that they had been approached by Alliacense for alleged infringement by products incorporating Philips microprocessors and asking for indemnification. Philips Semiconductors is receiving questions from more customers about the Moore patents. Recently, Alliacense approached Philips Consumer Electronics again to present their claim against microprocessors used in products from both Philips Consumer Electronics and Philips Medical Systems. Because the patents pertain to microprocessor technology, Philips Consumer Electronics and Philips Medical Systems are requesting indemnification from their suppliers, including Philips Semiconductors. Alliacense primarily approaches companies such as Sanyo, Bosch, Agfa Gevaert, and Philips Consumer Electronics that manufacture finished products incorporating microprocessors, relying on patent claims that allegedly cover the combination of microprocessors with other components. Although Philips Semiconductors is generally not liable for infringement by the combinations, Philips Semiconductors could be liable in case their products implement all features of one or more of the Moore patent claims. Besides from indemnification requests by customers, liability could also arise from Alliacense directly if they would decide to approach Philips Semiconductors (risking exhaustion of their patents. However, Alliacense like their predecessors declined to discuss a license on the chip level, keeping their focus on higher value products. Several manufacturers have recently entered into license agreements with Alliacense, including Fujitsu, HP, Sony, apparently not protected by their customer status of Intel and AMD.

  KODAK 10Q 

Alliacense has held licensing discussions with Kodak and many other companies regarding a portfolio of patents directed to microprocessors. Allegedly, these patents would implicate products in all of Kodak’s businesses, including the Health Group. Kodak does not make its own microprocessors, so is seeking indemnification from its suppliers. Several of these patents are being re-examined by the USPTO.

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INFRINGEMENT OF PATENTS

Infringement of a patent consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate Federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement. In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. The defendant may also aver that what is being done does not constitute infringement. Infringement is determined primarily by the language of the claims of the patent and, if what the defendant is making does not fall within the language of any of the claims of the patent, there is no literal infringement.

Suits for infringement of patents follow the rules of procedure of the Federal courts. From the decision of the district court, there is an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may thereafter take a case by writ of certiorari. If the United States Government infringes a patent, the patentee has a remedy for damages in the United States Court of Federal Claims. The Government may use any patented invention without permission of the patentee, but the patentee is entitled to obtain compensation for the use by or for the Government.

The Office has no jurisdiction over questions relating to infringement of patents. In examining applications for patent, no determination is made as to whether the invention sought to be patented infringes any prior patent. An improvement invention may be patentable, but it might infringe a prior unexpired patent for the invention improved upon, if there is one.

MMP Technology 

Supply of semiconductors implementing TPL’s MMP technology does not conveya license nor imply a right under any patent, or any other industrial or intellectual property right of TPL, to use such semiconductor in any finished end-user or ready-to-use final product. You are hereby notified that a license for such use may be required from TPL. Contact: [email protected]

http://www.fujitsu.com/downloads/MICRO/fma/pdf/mmpport.pdf

http://www.epson.jp/device/semicon/product/mmp_technology/mmp_technology.pdf

http://www.epson.jp/device/semicon_e/product/mmp_technology/mmp_tec/mmp_technology_e.pdf

http://sharp.com.cn/products/device/sitemap/mmp.pdf

https://famember.denso-wave.com/en/corporation/rule/MMPtechnology.pdf

DMP Electronics

coming soon….