SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): June 20, 2018
(Exact name of Registrant as Specified in its Charter)
(State or other jurisdiction
3025 Orchard Parkway
San Jose, California 95134
(Address of Principal Executive Offices, including Zip Code)
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of
the registrant under any of the following provisions (see General Instruction A.2. below):
||Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
||Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
||Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
||Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
Indicate by check mark whether the registrant is an emerging growth company as
defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging
growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange
On May 21, 2018, in the matter of Certain Wafer-Level Packaging Semiconductor
Devices and Products Containing Same (Including Cellular Phones, Tablets, Laptops, and Notebooks) and Components Thereof, U.S. International Trade Commission (ITC or Commission), Investigation No. 337-TA-1080, the Administrative Law Judge (ALJ) issued an Initial Determination Granting Samsungs Motion to Terminate the Investigation Based on an
Arbitration Agreement (the Initial Determination).
Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
Semiconductor, Inc. (Samsung) claim Samsung is licensed to the two patents at issue in the ITC investigation through an agreement that it had previously entered into with the original owner of the patents, Matsushita Electric Industrial
Co., Ltd. (Matsushita). Complainant Tessera Advanced Technologies, Inc. (Tessera) denies that Samsung is licensed. Samsung moved to terminate the investigation on the basis that, due to the existence of an arbitration clause
in that agreement, its license defense first has to be decided in arbitration rather than in the ITC. The ALJ granted Samsungs motion.
May 31, 2018, Tessera filed a petition for review with the Commission, arguing that it should not be subject to the arbitration clause because, among other things, it is not a party to the Samsung-Matsushita agreement.
On June 20, 2018, the Commission declined to review the ALJs Initial Determination. As a result, the Investigation is now terminated. Samsung has
initiated an arbitration before the International Chamber of Commerce (ICC) to resolve its license defense. Tessera will answer Samsungs request for arbitration according to the schedule and rules of the ICC.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned
hereunto duly authorized.
Date: June 21, 2018
/s/ Robert Andersen
Executive Vice President and
Chief Financial Officer