HEADLINE NEWS
CARSEM WILL CHALLENGE ITC'S INITIAL DETERMINATION Scotts Valley, CA -November 11, 2005-Carsem, a leading provider of turnkey packaging and test services to the semiconductor industry, announced today that the International Trade Commission (ITC) in Washington D.C., has issued an initial determination that did not favor Carsem related to a complaint filed by Amkor Technology, Inc. in November 2003. The complaint accused Carsem of infringing a total of 21 claims of Amkor's United States Patent Nos. 6,433,277, 6,455,356, and 6,630,728 by making, using, selling, offering for sale, and importing into the U.S. Carsem's MLP (Micro Leadframe Package) products. Administrative Law Judge (ALJ) Honorable Charles E. Bullock determined that none of Amkor's asserted claims of the 728' patent are valid and further determined that some were not infringed, as well. The ALJ also determined that the Carsem does not infringe any asserted claim of the '356 patent and that Amkor does not have a domestic industry in the '356 patent. The ALJ further determined that five of asserted claims of the '277 patent are not valid. The ALJ found the remaining six claims to be valid, but of the approximately 180 devices Amkor accused of infringement, the ALJ determine that only six devices infringed three of the claims and that roughly two-thirds of the accused devices infringe the other three claims. For the few claims that the ALJ found infringed by some (but not all) of Carsem's devices, Carsem will file a petition for review by the ITC, which is currently scheduled to issue a final determination on February 9, 2006. Though the ALJ issued an initial determination according to the proscribed schedule, the ITC has left the record open to receive additional evidence from documents subpoenaed from ASAT, Inc. The subpoenaed documents, which ASAT, Inc. has failed to produce, are critical evidence related to similar inventions claimed in ASAT patent numbers 6,299,200 and 6,242,281. The ITC has issued an Order authorizing the Office of the General Counsel to seek enforcement of the ITC's subpoena to ASAT, Inc. David Comley, Carsem's Group Managing Director, stated, "We remain confident that upon further review by the ITC, including new evidence as a result of the ASAT subpoenaed documents, we will prevail." END About Carsem
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