Welcome!

News Feed Item

A Letter from Spansion to Customers

A Blog by Tom Sparkman, Spansion SVP of Worldwide Sales

SUNNYVALE, Calif., Aug. 21, 2014 /PRNewswire/ -- First and foremost, let me apologize for you being drawn into the dispute between Macronix and Spansion.  It was never our intention to disrupt our relationship as we assert our intellectual property rights.

Spansion logo

Macronix has been quite active in issuing their own press releases, creating quite a distorted picture of this case and Spansion's intentions. I thought that it would be useful to outline the salient facts of the case and our efforts to resolve it.

  1. Spansion filed its original case with the ITC and in District Court on August 1, 2013.  Prior to that we had been talking with Macronix for almost one year to resolve our business dispute but were forced to file the case as Macronix broke off talks.  We have remained diligent in repeating our request to settle and re-initiate talks to license Spansion's broad product portfolio.
  2. Spansion is asserting the same set of patents it successfully asserted against Samsung, resulting in a settlement that included significant monetary payments to Spansion. So… you can be confident that the patents have been successfully battle-tested in court.   These patents are also part of the portfolio that companies like Hynix and ISSI have licensed from Spansion.  We are highly confident we will win our case, scheduled to begin trial on October 2nd, since we are simply asserting the same proven patents.
  3. The situation for Macronix is quite different.  They also filed in the ITC.  Their case is quite weak and we believe this is why they are being so aggressive in the press.  In the ITC, they face three substantial hurdles. We believe we will prevail on each of these issues, while we only need to succeed on one to prevail.
    • Domestic Industry. As you know, Macronix is a Taiwanese-based company, yet they have filed in a court (ITC) specifically established to protect US-industry. We believe this is a very weak part of their case against us, for if they fail to prove they are a US-domestic company, with investments in the US, they cannot obtain any judgment from the ITC and their case will be dismissed. They are headquartered in Taiwan, listed on the Taiwan stock exchange and have only a few employees in California. We believe the judge will not accept they are a US-based company and will dismiss the case for this reason alone.
    • Asserted Patents. Macronix is asserting three patents against Spansion. Typical of many fast-follower companies, they have filed patents for circuits that are either irrelevant to our products or that are invalid and have been used by the rest of the industry for years. In fact, we had parts in the market with their "inventions" long before they filed these patents. Their patents are also "obvious to anyone skilled in the art" of Flash. We have filed for inter partes review of these patents with the US Patent Office to have all three of their patents cancelled. Moreover, even if valid, neither Spansion nor its customers infringe those patents. We believe that we will be successful with all three of these patents.
    • Public Interest. As part of this particular ITC case, the ITC has asked the judge to listen to evidence from the public and public officials regarding the impact of a possible ruling against Spansion. If their case is decided against us, the judge and the Commission will hear from industry leaders, GM, Delphi, members of Congress, mayors and labor leaders regarding the fact that a decision against Spansion will not be in the best interest of the United States. Since the mission of the ITC is to protect US-Industry, we believe the Commission will rule in our favor.
    • Because of the weakness of their first filing in the ITC, Macronix filed additional lawsuits in the ITC and district court, each asserting weak patents and weak domestic-industry arguments, while still trying to correct some of the legal mistakes of their original filing. Fortunately for us, their filings have done nothing to improve the strength of their case. We see nothing in their new cases that are notably different. This includes their latest press releases claiming our MCU as subject to their patents. And you should note that the judge has not made any ruling regarding whether it would be proper to include MCUs within the scope of any final order, the judge has simply stated it will consider this issue.
    • Throughout their rhetoric, Spansion has attempted to settle with Macronix. We've sent our CEO, CFO and SVP of Strategy to meet with them and to try and negotiate a settlement. Each attempt has been rebuffed. We've also attempted many meetings through our legal representatives, some court mandated, to no avail.

Please let me know if I can answer or address any specific concerns.  We would be more than happy to sit with you or your attorneys and discuss any of this in more detail.  Legal cases can get complicated quickly, but we're more than willing to spend the time to explain any of it completely.

I hope this helps explain where we are and what Spansion is doing to resolve this issue.  We again apologize for the trouble this is causing you.  Our priority is and always will be your satisfaction.

Spansion Resources:

Spansion(R), the Spansion logo, 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.

Logo - http://photos.prnewswire.com/prnh/20060118/SFW077LOGO

SOURCE Spansion Inc.

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
"Dice has been around for the last 20 years. We have been helping tech professionals find new jobs and career opportunities," explained Manish Dixit, VP of Product and Engineering at Dice, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Get deep visibility into the performance of your databases and expert advice for performance optimization and tuning. You can't get application performance without database performance. Give everyone on the team a comprehensive view of how every aspect of the system affects performance across SQL database operations, host server and OS, virtualization resources and storage I/O. Quickly find bottlenecks and troubleshoot complex problems.
"We are a custom software development, engineering firm. We specialize in cloud applications from helping customers that have on-premise applications migrating to the cloud, to helping customers design brand new apps in the cloud. And we specialize in mobile apps," explained Peter Di Stefano, Vice President of Marketing at Impiger Technologies, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Rapid innovation, changing business landscapes, and new IT demands force businesses to make changes quickly. In the eyes of many, containers are at the brink of becoming a pervasive technology in enterprise IT to accelerate application delivery. In this presentation, attendees learned about the: The transformation of IT to a DevOps, microservices, and container-based architecture What are containers and how DevOps practices can operate in a container-based environment A demonstration of how ...
President Obama recently announced the launch of a new national awareness campaign to "encourage more Americans to move beyond passwords – adding an extra layer of security like a fingerprint or codes sent to your cellphone." The shift from single passwords to multi-factor authentication couldn’t be timelier or more strategic. This session will focus on why passwords alone are no longer effective, and why the time to act is now. In his session at 19th Cloud Expo, Chris Webber, security strateg...
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
"At ROHA we develop an app called Catcha. It was developed after we spent a year meeting with, talking to, interacting with senior citizens watching them use their smartphones and talking to them about how they use their smartphones so we could get to know their smartphone behavior," explained Dave Woods, Chief Innovation Officer at ROHA, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2017 New York. The 20th Cloud Expo and 7th @ThingsExpo will take place on June 6-8, 2017, at the Javits Center in New York City, NY. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Internet to enable us all to im...
Cloud Expo, Inc. has announced today that Andi Mann returns to 'DevOps at Cloud Expo 2017' as Conference Chair The @DevOpsSummit at Cloud Expo will take place on June 6-8, 2017, at the Javits Center in New York City, NY. "DevOps is set to be one of the most profound disruptions to hit IT in decades," said Andi Mann. "It is a natural extension of cloud computing, and I have seen both firsthand and in independent research the fantastic results DevOps delivers. So I am excited to help the great t...
We are always online. We access our data, our finances, work, and various services on the Internet. But we live in a congested world of information in which the roads were built two decades ago. The quest for better, faster Internet routing has been around for a decade, but nobody solved this problem. We’ve seen band-aid approaches like CDNs that attack a niche's slice of static content part of the Internet, but that’s it. It does not address the dynamic services-based Internet of today. It does...
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Dave McCarthy, Director of Products at Bsquare Corporation; Alan Williamson, Principal...
"Venafi has a platform that allows you to manage, centralize and automate the complete life cycle of keys and certificates within the organization," explained Gina Osmond, Sr. Field Marketing Manager at Venafi, in this SYS-CON.tv interview at DevOps at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
"We analyze the video streaming experience. We are gathering the user behavior in real time from the user devices and we analyze how users experience the video streaming," explained Eric Kim, Founder and CEO at Streamlyzer, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
"ReadyTalk is an audio and web video conferencing provider. We've really come to embrace WebRTC as the platform for our future of technology," explained Dan Cunningham, CTO of ReadyTalk, in this SYS-CON.tv interview at WebRTC Summit at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.