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
Security, data privacy, reliability and regulatory compliance are critical factors when evaluating whether to move business applications from in-house client hosted environments to a cloud platform. In her session at 18th Cloud Expo, Vandana Viswanathan, Associate Director at Cognizant, In this session, will provide an orientation to the five stages required to implement a cloud hosted solution validation strategy.
"Avere Systems is a hybrid cloud solution provider. We have customers that want to use cloud storage and we have customers that want to take advantage of cloud compute," explained Rebecca Thompson, VP of Marketing at Avere Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
"We formed Formation several years ago to really address the need for bring complete modernization and software-defined storage to the more classic private cloud marketplace," stated Mark Lewis, Chairman and CEO of Formation Data Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
There will be new vendors providing applications, middleware, and connected devices to support the thriving IoT ecosystem. This essentially means that electronic device manufacturers will also be in the software business. Many will be new to building embedded software or robust software. This creates an increased importance on software quality, particularly within the Industrial Internet of Things where business-critical applications are becoming dependent on products controlled by software. Qua...
When it comes to cloud computing, the ability to turn massive amounts of compute cores on and off on demand sounds attractive to IT staff, who need to manage peaks and valleys in user activity. With cloud bursting, the majority of the data can stay on premises while tapping into compute from public cloud providers, reducing risk and minimizing need to move large files. In his session at 18th Cloud Expo, Scott Jeschonek, Director of Product Management at Avere Systems, discussed the IT and busin...
As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. Commvault can ensure protection, access and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his general session at 18th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Part...
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "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 Interne...
Large scale deployments present unique planning challenges, system commissioning hurdles between IT and OT and demand careful system hand-off orchestration. In his session at @ThingsExpo, Jeff Smith, Senior Director and a founding member of Incenergy, will discuss some of the key tactics to ensure delivery success based on his experience of the last two years deploying Industrial IoT systems across four continents.
Most organizations prioritize data security only after their data has already been compromised. Proactive prevention is important, but how can you accomplish that on a small budget? Learn how the cloud, combined with a defense and in-depth approach, creates efficiencies by transferring and assigning risk. Security requires a multi-defense approach, and an in-house team may only be able to cherry pick from the essential components. In his session at 19th Cloud Expo, Vlad Friedman, CEO/Founder o...
"We host and fully manage cloud data services, whether we store, the data, move the data, or run analytics on the data," stated Kamal Shannak, Senior Development Manager, Cloud Data Services, IBM, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
CenturyLink has announced that application server solutions from GENBAND are now available as part of CenturyLink’s Networx contracts. The General Services Administration (GSA)’s Networx program includes the largest telecommunications contract vehicles ever awarded by the federal government. CenturyLink recently secured an extension through spring 2020 of its offerings available to federal government agencies via GSA’s Networx Universal and Enterprise contracts. GENBAND’s EXPERiUS™ Application...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
"We view the cloud not really as a specific technology but as a way of doing business and that way of doing business is transforming the way software, infrastructure and services are being delivered to business," explained Matthew Rosen, CEO and Director at Fusion, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, demonstrated how to move beyond today's coding paradigm and shared the must-have mindsets for removing complexity from the develo...
SYS-CON Events announced today that MangoApps will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. MangoApps provides modern company intranets and team collaboration software, allowing workers to stay connected and productive from anywhere in the world and from any device.