Spansion and Samsung Settle Patent Litigation Lawsuit:
2009年4月8日 - 5:05AM
PRニュース・ワイアー (英語)
$70 Million Cash Settlement SUNNYVALE, Calif., April 7
/PRNewswire-FirstCall/ -- Spansion Inc. (NASDAQ:SPSN), the world's
largest pure-play provider of Flash memory solutions, today
announced that it has settled its patent litigation lawsuits with
Samsung Electronics. As part of the settlement, Samsung will pay
Spansion $70 million and Spansion and Samsung Electronics Company
have exchanged rights in their patent portfolios in the form of
licenses and covenants subject to a confidential settlement
agreement. The settlement ends the patent disputes between the two
companies and is a significant step forward in Spansion's
reorganization process, demonstrating the company's intense focus
on improving its financial position in the current economic
climate. (Logo:
http://www.newscom.com/cgi-bin/prnh/20060118/SFW077LOGO) "Spansion
is a technology innovator in Flash memory with valuable IP and this
agreement is a significant milestone in the company's strategy to
further develop its IP licensing business," said John Kispert,
Spansion President and CEO. "In addition, the agreement strengthens
our cash position to help Spansion emerge from the Chapter 11
process a stronger and more focused company." Flash memory, which
retains data in devices when the power is turned off, is found in
virtually all electronic devices, forms the foundation of the
world's mp3 players, cell phones, digital cameras and other
consumer electronic devices and is one of the largest segments of
the semiconductor industry, with over $130 billion in total
revenues since 2000, according to data from Worldwide Semiconductor
Trade Statistics, Inc. Due to Spansion's recent Chapter 11 filing,
the agreement is subject to approval by the bankruptcy court. The
agreement is contingent upon the dismissal of the claims and the
satisfaction of certain conditions including bankruptcy court
approval. In November 2008, Spansion filed two separate patent
infringement complaints against Samsung with the International
Trade Commission and in the U.S. District Court in Delaware. As
part of the complaints, Spansion was seeking the exclusion from the
U.S. market of mp3 players, cell phones, digital cameras and other
consumer electronic devices containing Samsung's flash memory
components. The complaint in the U.S. District Court in Delaware
also sought an injunction and treble damages based on Samsung's
sale of flash memory. Samsung counterclaimed in the District Court
against Spansion for infringement of its own patents seeking
damages and an injunction. On January 28, 2009, Samsung filed a
patent infringement complaint in Japan against Spansion Japan
Limited seeking both injunctive relief and damages for based upon
Japanese patents owned by Samsung. Each of these actions is to be
dismissed pursuant to the settlement agreement with neither side
admitting liability. About Spansion Spansion
(NASDAQ:SPSNNASDAQ:-NASDAQ:News) is a leading Flash memory
solutions provider, dedicated to enabling, storing and protecting
digital content in wireless, automotive, networking and consumer
electronics applications. Spansion, previously a joint venture of
AMD and Fujitsu, is the largest company in the world dedicated
exclusively to designing, developing, manufacturing, marketing,
selling and licensing Flash memory solutions. For more information,
visit http://www.spansion.com/. Spansion(R), the Spansion logo,
MirrorBit(R), MirrorBit(R) Eclipse(TM), ORNAND(TM), ORNAND2(TM),
HD-SIM(TM), Spansion(R) EcoRAM(TM) and combinations thereof, are
trademarks of Spansion LLC in the United States and other
countries. Other names used are for informational purposes only and
may be trademarks of their respective owners. Cautionary Statement
This release contains forward-looking statements made pursuant to
the safe harbor provisions of the Private Securities Litigation
Reform Act of 1995. Investors are cautioned that these
forward-looking statements involve risks and uncertainties that
could cause actual results to differ materially from those
statements. The risks and uncertainties include a decision by the
Bankruptcy Court to not approve the proposed settlement agreement.
The risks and uncertainties related to the Company's bankruptcy
include: any negative impacts on Spansion's business, results of
operations, financial position or cash management arrangements; the
inability to freely deploy its cash resources throughout the
company; the negative impact on relationships with employees,
customers, suppliers and contract manufacturers and other
stakeholders; the adequacy of Spansion's cash on hand to fund its
ongoing operations or ability to arrange for sufficient DIP
financing during the bankruptcy proceeding; actions or orders taken
by the U.S. Bankruptcy Court that may impact Spansion operations;
the failure of Spansion to obtain the requisite approvals of
affected creditors or the courts for any restructuring plan, or to
successfully implement such a plan or obtain sufficient exit
financing, if required, within the time granted by any court,
leading to the likely liquidation of Spansion's assets; that
Spansion's common stock could have no value in and following the
approval of a restructuring plan and could be cancelled and the
impact of the Nasdaq Stock Market initiating the process to delist
Spansion's securities from such exchange. In addition, risks and
uncertainties relating to the company's ability to restructure
successfully include Spansion and Spansion Japan's ability to
continue their operations while in their respective Chapter 11 or
corporate reorganization proceedings, respectively; the ability to
capture anticipated cost savings related to the previously-
announced reduction in force and other measures taken by the
company; the implementation and success of Spansion's plan to
narrow its focus on profitable business segments and the ability of
Spansion to pursue its intellectual property strategy. In addition,
the instability of the global economy and tight credit markets
could continue to adversely impact Spansion's business in several
respects, including adversely impacting credit quality and
insolvency risk of the company and its customers and business
partners, including suppliers and distributors; bookings; and
reductions and deferrals of demand for Spansion products. In
addition, the company urges investors to review in detail the risks
and uncertainties discussed in the company's Securities and
Exchange Commission filings, including but not limited to the
company's Annual Report on Form 10-K for the fiscal year ended
December 30, 2007 and the company's Quarterly Report on Form 10-Q
for the fiscal quarter ended September 28, 2008. Unless otherwise
required by applicable laws, the company undertakes no obligation
to update or revise any forward-looking statements, whether as a
result of new information, future events or otherwise.
http://www.newscom.com/cgi-bin/prnh/20060118/SFW077LOGO
http://photoarchive.ap.org/ DATASOURCE: Spansion Inc. CONTACT:
media, Courtney Brigham, +1-408-616-5056, or investors, Ken
Tinsley, +1-408-616-7837, both of Spansion Inc. Web Site:
http://www.spansion.com/
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