ITC Issues Initial Determination in FormFactor's Wafer Probecard ITC Action

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Tue Jun 30, 2009 9:06am EDT

  LIVERMORE, CA, Jun 30 (MARKET WIRE) -- 
FormFactor, Inc. (NASDAQ: FORM) announced today the Administrative Law
Judge (ALJ) assigned to the International Trade Commission's (Commission)
investigation of probecard manufacturers Phicom Corporation and Micronics
Japan Company, Ltd., Investigation No. 337-TA-621, issued an Initial
Determination declining to find a violation of Section 337.

    The Initial Determination is directed to four FormFactor patents: U.S.
Patent Nos. 5,994,152, entitled "Fabricating Interconnects and Tips Using
Sacrificial Substrates," 6,509,751, entitled "Planarizer for a
Semiconductor Contactor," 6,615,485, entitled "Probe Card Assembly and
Kit, And Methods of Making Same," and 7,225,538, entitled "Resilient
Contact Structures Formed and Then Attached to a Substrate." The Initial
Determination found all of the asserted claims of U.S. Patent Nos.
6,509,751, 6,615,485 and 7,225,538 not invalid, and all but one of the
asserted claims of U.S. Patent No. 5,994,152 not invalid, but declined to
find infringement of any of the asserted claims. The ALJ released only 4
pages of the Initial Determination and a confidential version of the full
Initial Determination is expected to be received in the next day or two. A
complete public version of the Initial Determination is not yet available.

    "We will carefully assess the ALJ's full Initial Determination when it is
available to determine the appropriateness of requesting the Commission to
review portions of the ALJ's recommendations that are unfavorable to
FormFactor," said Stuart Merkadeau, FormFactor's senior vice president,
general counsel. "We are pleased the Initial Determination confirms the
validity of our patent rights as our continuing investment in innovation
enables technologies and products that help our customers lower their
overall cost of test. We remain committed to protecting this investment,
and preventing the unauthorized use of our intellectual property as one
part of our global protection strategy."

    The ALJ's decision, termed an "Initial Determination," is subject to
review by the Commission. FormFactor and the respondents may provide
additional briefing to aid Commission review of the ALJ's Initial
Determination. The Commission can accept, reject or modify any of the
ALJ's recommendations. The Commission is expected to announce which
aspects of the recommendations it will review within 45 days, and the
final determination is scheduled to be issued by October 29, 2009.

    The Company also has patent infringement lawsuits pending in two federal
courts; in Oregon against Phicom and in California against Micronics Japan
Company. Both actions were stayed after initiation of the Commission
investigation, but include other FormFactor patents not at issue before
the Commission. The Company is evaluating these pending district court
actions in light of the Initial Determination.

    FormFactor's advanced wafer probe card products and solutions are relied
upon by its customers to increase their testing efficiency and enable
their technology roadmaps. The Company believes the Initial Determination
will have no immediate business impact.

    About FormFactor:

    Founded in 1993, FormFactor, Inc. (NASDAQ: FORM) is the leader in advanced
wafer probe cards, which are used by semiconductor manufacturers to
electrically test integrated circuits, or ICs. The company's wafer sort,
burn-in and device performance testing products move IC testing upstream
from post-packaging to the wafer level, enabling semiconductor
manufacturers to lower their overall production costs, improve yields, and
bring next-generation devices to market. FormFactor is headquartered in
Livermore, California with operations in Europe, Asia and North America. 
For more information, visit the company's web site at www.formfactor.com.

    FormFactor and the FormFactor logo are registered trademarks of
FormFactor, Inc. All other product, trademark, company or service names
mentioned herein are the property of their respective owners.

    Forward-Looking Statements

    Statements in this press release that are not strictly historical in
nature are forward-looking statements within the meaning of the federal
securities laws, including statements regarding our products and
solutions, demand for our products and future growth. These
forward-looking statements are based on current information and
expectations that are inherently subject to change and involve a number
of risks and uncertainties. Actual events or results might differ
materially from those in any forward-looking statement due to various
factors, including, but not limited to: the company's ability to defend
its intellectual property rights in the United States and elsewhere in
the world; losses or adverse rulings relating to the company's
intellectual property or intellectual property litigations, including any
invalidation or limitation of the company's patents; changes in patent
laws, regulation or enforcement, or other factors that might affect the
company's ability to protect its intellectual property; and the company's
ability to develop, manufacture and deliver customized technologies and
products that meet its customers' ever-evolving test requirements, lower
their overall cost of test and enable their technology roadmaps.
Additional information concerning factors that could cause actual events
or results to differ materially from those in any forward-looking
statement is contained in the company's Form 10-K for the fiscal year
ended December 27, 2008 and Form 10-Q for the fiscal quarter ended March
28, 2009 as filed with the Securities and Exchange Commission ("SEC"),
and subsequent SEC filings. Copies of the company's SEC filings are
available at http://investors.formfactor.com/edgar.cfm. The company
assumes no obligation to update the information in this press release, to
revise any forward-looking statements or to update the reasons actual
results could differ materially from those anticipated in forward-looking
statements.

    

Contacts:

Investor Contact:
Michael Magaro
Investor Relations
(925) 290-4949
Email Contact

Trade Press Contact:
David Viera
Corporate Communications
(925) 290-4681
Email Contact

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