May 24, 2011- The Federal Circuit Court of Appeals has upheld an ITC determination that Elpida, Acer and Nanya are not liable for infringement of a Tessera patent.  Although Elpida was found to use infringing chips, those chips are supplied by producers with licenses from Tessera and Tessera’s right to collect royalties was determined to be exhausted, despite the fact that one or more of the licensees was behind on royalty payments.  The other defendants were found to have not infringed as those defendants use chips with a terminal placed in a different location than is claimed in the patent.