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International Trade Commission to Review Administrative Judge's Initial Determination in Spansion Case | Cypress Semiconductor

International Trade Commission to Review Administrative Judge's Initial Determination in Spansion Case

Last Updated: April 29, 2011


SUNNYVALE, Calif., April 29, 2011 --

Spansion Inc. (NYSE: CODE), a leading provider of NOR Flash memory, today announced that the International Trade Commission (ITC) has issued a notice to review the February 28, 2011, Initial Determination by the Administrative Law Judge ("ALJ") that Spansion infringed one patent held by Samsung.


"We are pleased that the ITC agreed to review the ALJ's initial determination as Spansion and the ITC Investigative Attorney requested," said Scot Griffin, senior vice president and general counsel of Spansion. "We look forward to answering the ITC's specific questions regarding the ALJ's findings, and we are confident that once the ITC completes its review, it will confirm that Spansion has not infringed any valid Samsung patent."

In addition to requesting briefing regarding the issues raised by Spansion and the Investigative Attorney, the ITC has also requested briefing and comments from both parties to address the remedy, if any, that should be ordered. If the ITC contemplates some form of remedy, it will consider the effects of the remedy on public interest. The final ITC ruling is due the end of June 2011. If the ITC agrees that Spansion did not infringe Samsung's patent, Samsung may appeal to the Federal Circuit Court of Appeals. If the ITC ultimately determines that there was a violation and recommends a remedy, such determination will be subject to a further 60 day Presidential review period, after which it can be appealed to the Federal Circuit Court of Appeals.

Spansion has initiated several patent infringement cases against Samsung. The company will begin a two-week trial in June to establish infringement of four Spansion patents by Samsung and its customers. An initial determination for this action is expected approximately September 12.

Spansion is one of only two U.S.-based memory companies with wafer manufacturing onshore. The company's $2 billion investment in research and development continues to enable innovation in digital electronics and the creation of cost-effective, highly reliable electronic products. Spansion holds more than 2,000 patents and patent applications.

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 the ITC's decision to overturn the judge's ruling and the result of future patent infringement cases. Additional risks and uncertainties related to the company's business are discussed in the company's Securities and Exchange Commission filings, including but not limited to the company's most recent Annual Report on Form 10-K for fiscal 2009 and Quarterly Reports on Form 10-Q. 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.

About Spansion

Spansion (NYSE: CODE) is a leading provider of the Flash memory technology at the heart of the world's electronics systems, powering everything from the routers that run the internet to the highly interactive and immersive consumer and automotive electronics that are enriching people's daily lives. Spansion's broad and differentiated Flash memory product portfolio, award-winning MirrorBit charge-trapping technology, and industry leading service and support are enabling customers to achieve greater efficiency and success in their target markets. For more information, visit

Spansion(R), the Spansion logo, MirrorBit(R), and combinations thereof, are trademarks and registered 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.

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