Hearing and Deposition Testimony | Technology: Specific Technology Related to the “Packaging” of DRAM Chips | Case Issues: Determining the number of the unlicensed chips imported into or sold in the U.S. by the defendants versus remaining suppliers and licensees.

Ocean Tomo opined that the majority of units sold in or imported into the U.S. by defendants were purchased from suppliers or subcontractors directly licensed by Tessera. The Administrative Law Judge, in agreement with Ocean Tomo, found that all chips Defendants purchased from Tessera licensees were authorized thus, Tessera’s rights in those chips were subject to exhaustion, and that none of Tessera’s patents had been infringed. The ITC made a final determination that there was no violation of Section 337.