SOURCE: FormFactor, Inc.

April 18, 2008 04:00 ET

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

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.

Contact Information

  • Contacts:
    FormFactor, Inc.
    Michael Magaro
    Investor Relations
    (925) 290-4949
    Email Contact