October 11, 2017


Invensas Corporation (“Invensas”), a subsidiary of Xperi Corporation (“Xperi” or “the Company”), issued a statement today giving an update on a nullity proceeding filed by Avago Technologies GmbH against a patent at issue in Invensas’ legal proceedings against Broadcom Ltd. (“Broadcom”) and certain of its affiliates and distributors in Germany. On October 5, 2017, the German Federal Patent Court issued a notice giving its tentative view that the German part of Invensas’ EP 1 186 034 B1 (“ ‘034 Patent”), a patent Broadcom has been adjudicated to infringe, may be invalid for various reasons. The Court made it clear that this was not its final decision, but instead was being issued “[i]n preparation for the oral hearing on 25 January 2018, … with no intention of anticipating the outcome of the oral hearing.” The Court’s statement is designed to guide the parties and focus their arguments in advance of the oral hearing. Invensas will make a further submission in response to the Court’s notice on December 6, 2017.

“We think the Court’s reasoning in its preliminary statement is flawed, and we look forward to having the opportunity to provide further briefing and arguments at the hearing in January,” said Jon Kirchner, the Company’s Chief Executive Officer. According to common German legal practice, in response to the preliminary statement Invensas has voluntarily agreed to abstain, at least temporarily, from enforcing the Regional Court of Mannheim’s judgments of infringement of the ‘034 Patent pending the nullity hearing. “We continue to believe the patent is valid and will be upheld at the hearing.”

“The Court’s preliminary statement is not final, and has no impact on our ITC investigation against Broadcom,” Mr. Kirchner added, in reference to an Administrative Law Judge’s initial determination that Broadcom broadly infringes another one of Invensas’ patents across all of Broadcom’s significant product lines. “The ITC proceedings are entirely separate and the ITC’s final determination is scheduled to be issued on December 1, 2017, well before the German nullity case is ultimately decided. Therefore, we view the ITC proceedings as the primary catalyst in our discussions with Broadcom.”

Back to Stories