Welcome!

Agile Computing Authors: Liz McMillan, Zakia Bouachraoui, Elizabeth White, Pat Romanski, Maria C. Horton

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.

IoT & Smart Cities Stories
The platform combines the strengths of Singtel's extensive, intelligent network capabilities with Microsoft's cloud expertise to create a unique solution that sets new standards for IoT applications," said Mr Diomedes Kastanis, Head of IoT at Singtel. "Our solution provides speed, transparency and flexibility, paving the way for a more pervasive use of IoT to accelerate enterprises' digitalisation efforts. AI-powered intelligent connectivity over Microsoft Azure will be the fastest connected pat...
There are many examples of disruption in consumer space – Uber disrupting the cab industry, Airbnb disrupting the hospitality industry and so on; but have you wondered who is disrupting support and operations? AISERA helps make businesses and customers successful by offering consumer-like user experience for support and operations. We have built the world’s first AI-driven IT / HR / Cloud / Customer Support and Operations solution.
Codete accelerates their clients growth through technological expertise and experience. Codite team works with organizations to meet the challenges that digitalization presents. Their clients include digital start-ups as well as established enterprises in the IT industry. To stay competitive in a highly innovative IT industry, strong R&D departments and bold spin-off initiatives is a must. Codete Data Science and Software Architects teams help corporate clients to stay up to date with the mod...
At CloudEXPO Silicon Valley, June 24-26, 2019, Digital Transformation (DX) is a major focus with expanded DevOpsSUMMIT and FinTechEXPO programs within the DXWorldEXPO agenda. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term. A total of 88% of Fortune 500 companies from a generation ago are now out of business. Only 12% still survive. Similar percentages are found throug...
Druva is the global leader in Cloud Data Protection and Management, delivering the industry's first data management-as-a-service solution that aggregates data from endpoints, servers and cloud applications and leverages the public cloud to offer a single pane of glass to enable data protection, governance and intelligence-dramatically increasing the availability and visibility of business critical information, while reducing the risk, cost and complexity of managing and protecting it. Druva's...
BMC has unmatched experience in IT management, supporting 92 of the Forbes Global 100, and earning recognition as an ITSM Gartner Magic Quadrant Leader for five years running. Our solutions offer speed, agility, and efficiency to tackle business challenges in the areas of service management, automation, operations, and the mainframe.
The Jevons Paradox suggests that when technological advances increase efficiency of a resource, it results in an overall increase in consumption. Writing on the increased use of coal as a result of technological improvements, 19th-century economist William Stanley Jevons found that these improvements led to the development of new ways to utilize coal. In his session at 19th Cloud Expo, Mark Thiele, Chief Strategy Officer for Apcera, compared the Jevons Paradox to modern-day enterprise IT, examin...
With 10 simultaneous tracks, keynotes, general sessions and targeted breakout classes, @CloudEXPO and DXWorldEXPO are two of the most important technology events of the year. Since its launch over eight years ago, @CloudEXPO and DXWorldEXPO have presented a rock star faculty as well as showcased hundreds of sponsors and exhibitors! In this blog post, we provide 7 tips on how, as part of our world-class faculty, you can deliver one of the most popular sessions at our events. But before reading...
DSR is a supplier of project management, consultancy services and IT solutions that increase effectiveness of a company's operations in the production sector. The company combines in-depth knowledge of international companies with expert knowledge utilising IT tools that support manufacturing and distribution processes. DSR ensures optimization and integration of internal processes which is necessary for companies to grow rapidly. The rapid growth is possible thanks, to specialized services an...
At CloudEXPO Silicon Valley, June 24-26, 2019, Digital Transformation (DX) is a major focus with expanded DevOpsSUMMIT and FinTechEXPO programs within the DXWorldEXPO agenda. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term. A total of 88% of Fortune 500 companies from a generation ago are now out of business. Only 12% still survive. Similar percentages are found throug...