Welcome!

Agile Computing Authors: Pat Romanski, Shelly Palmer, Glenda Sims, Paul Simmons, APM Blog

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.

@ThingsExpo Stories
DX World EXPO, LLC, a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
"Space Monkey by Vivent Smart Home is a product that is a distributed cloud-based edge storage network. Vivent Smart Home, our parent company, is a smart home provider that places a lot of hard drives across homes in North America," explained JT Olds, Director of Engineering, and Brandon Crowfeather, Product Manager, at Vivint Smart Home, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that Conference Guru has been named “Media Sponsor” of the 22nd International Cloud Expo, which will take place on June 5-7, 2018, at the Javits Center in New York, NY. A valuable conference experience generates new contacts, sales leads, potential strategic partners and potential investors; helps gather competitive intelligence and even provides inspiration for new products and services. Conference Guru works with conference organizers to pass great deals to gre...
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 develop...
In his Opening Keynote at 21st Cloud Expo, John Considine, General Manager of IBM Cloud Infrastructure, led attendees through the exciting evolution of the cloud. He looked at this major disruption from the perspective of technology, business models, and what this means for enterprises of all sizes. John Considine is General Manager of Cloud Infrastructure Services at IBM. In that role he is responsible for leading IBM’s public cloud infrastructure including strategy, development, and offering m...
"Evatronix provides design services to companies that need to integrate the IoT technology in their products but they don't necessarily have the expertise, knowledge and design team to do so," explained Adam Morawiec, VP of Business Development at Evatronix, in this SYS-CON.tv interview at @ThingsExpo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
To get the most out of their data, successful companies are not focusing on queries and data lakes, they are actively integrating analytics into their operations with a data-first application development approach. Real-time adjustments to improve revenues, reduce costs, or mitigate risk rely on applications that minimize latency on a variety of data sources. In his session at @BigDataExpo, Jack Norris, Senior Vice President, Data and Applications at MapR Technologies, reviewed best practices to ...
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
Large industrial manufacturing organizations are adopting the agile principles of cloud software companies. The industrial manufacturing development process has not scaled over time. Now that design CAD teams are geographically distributed, centralizing their work is key. With large multi-gigabyte projects, outdated tools have stifled industrial team agility, time-to-market milestones, and impacted P&L stakeholders.
"Akvelon is a software development company and we also provide consultancy services to folks who are looking to scale or accelerate their engineering roadmaps," explained Jeremiah Mothersell, Marketing Manager at Akvelon, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
In his session at 21st Cloud Expo, Carl J. Levine, Senior Technical Evangelist for NS1, will objectively discuss how DNS is used to solve Digital Transformation challenges in large SaaS applications, CDNs, AdTech platforms, and other demanding use cases. Carl J. Levine is the Senior Technical Evangelist for NS1. A veteran of the Internet Infrastructure space, he has over a decade of experience with startups, networking protocols and Internet infrastructure, combined with the unique ability to it...
22nd International Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, and co-located with the 1st DXWorld Expo will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud ...
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
Gemini is Yahoo’s native and search advertising platform. To ensure the quality of a complex distributed system that spans multiple products and components and across various desktop websites and mobile app and web experiences – both Yahoo owned and operated and third-party syndication (supply), with complex interaction with more than a billion users and numerous advertisers globally (demand) – it becomes imperative to automate a set of end-to-end tests 24x7 to detect bugs and regression. In th...
"MobiDev is a software development company and we do complex, custom software development for everybody from entrepreneurs to large enterprises," explained Alan Winters, U.S. Head of Business Development at MobiDev, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
"There's plenty of bandwidth out there but it's never in the right place. So what Cedexis does is uses data to work out the best pathways to get data from the origin to the person who wants to get it," explained Simon Jones, Evangelist and Head of Marketing at Cedexis, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that CrowdReviews.com has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5–7, 2018, at the Javits Center in New York City, NY. CrowdReviews.com is a transparent online platform for determining which products and services are the best based on the opinion of the crowd. The crowd consists of Internet users that have experienced products and services first-hand and have an interest in letting other potential buye...
SYS-CON Events announced today that Telecom Reseller has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5-7, 2018, at the Javits Center in New York, NY. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.