x
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
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For the quarterly period ended June 30, 2011
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Or
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o
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
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Delaware
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20-3320580
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(State or other jurisdiction of incorporation or organization)
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(I.R.S. Employer Identification No.)
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4321 Jamboree Road
Newport Beach, California
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92660
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(Address of principal executive offices)
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(Zip Code)
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Large accelerated filer o
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Accelerated filer o
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Non-accelerated filer o
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Smaller reporting companyo
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101
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Financial information from the registrant’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2011, formatted in XBRL
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Date: September 7, 2011
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JAZZ TECHNOLOGIES, INC.
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By:
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/s/ Rafi Mor
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_____
(Principal Executive Officer)
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By:
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/s/ SUSANNA H. BENNETT
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Chief Financial Officer
(Principal Financial and Accounting Officer)
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Consolidated Balance Sheets (Parenthetical) (USD $)
In Thousands |
Jun. 30, 2011
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Dec. 31, 2010
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Consolidated Balance Sheets | Â | Â |
Trade receivables, allowance for doubtful accounts | $ 26 | $ 326 |
Condensed Consolidated Statements Of Operations (USD $)
In Thousands |
3 Months Ended | 6 Months Ended | ||
---|---|---|---|---|
Jun. 30, 2011
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Jun. 30, 2010
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Jun. 30, 2011
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Jun. 30, 2010
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Condensed Consolidated Statements Of Operations | Â | Â | Â | Â |
Net revenues | $ 45,829 | $ 60,150 | $ 96,626 | $ 114,056 |
Cost of revenues | 31,231 | 35,808 | 66,016 | 69,780 |
Gross profit | 14,598 | 24,342 | 30,610 | 44,276 |
Operating expenses: | Â | Â | Â | Â |
Research and development | 2,801 | 3,315 | 5,958 | 6,596 |
Selling, general and administrative | 3,653 | 5,868 | 7,472 | 10,202 |
Amortization of intangible assets | 197 | 197 | 394 | 394 |
Total operating expenses | 6,651 | 9,380 | 13,824 | 17,192 |
Operating income | 7,947 | 14,962 | 16,786 | 27,084 |
Financing expense and other expense, net | (4,493) | (3,984) | (8,786) | (7,976) |
Net income before income taxes | 3,454 | 10,978 | 8,000 | 19,108 |
Income tax expense | (1,249) | (3,534) | (2,713) | (6,193) |
Net income | $ 2,205 | $ 7,444 | $ 5,287 | $ 12,915 |
Document And Entity Information
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6 Months Ended |
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Jun. 30, 2011
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Document And Entity Information | Â |
Document Type | 10-Q |
Amendment Flag | false |
Document Period End Date | Jun. 30, 2011 |
Document Fiscal Year Focus | 2011 |
Document Fiscal Period Focus | Q2 |
Entity Registrant Name | Jazz Technologies, Inc. |
Entity Central Index Key | 0001337675 |
Current Fiscal Year End Date | --12-31 |
Entity Filer Category | Non-accelerated Filer |
Entity Voluntary Filers | Yes |
Entity Common Stock, Shares Outstanding | 0 |
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Income Taxes
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6 Months Ended |
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Jun. 30, 2011
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Income Taxes | Â |
Income Taxes | Note 7: Income Taxes
The Company's effective tax rate for the six months ended June 30, 2011 of 34% differs from the statutory rate primarily due to the Domestic Production Activities Deduction ("DPAD"). The DPAD reduces the effective tax rate for the six months ended June 30, 2011 by approximately one percent. |
Other Balance Sheet Details
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Jun. 30, 2011
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Other Balance Sheet Details | Â | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Other Balance Sheet Details | Note 3: Other Balance Sheet Details
Inventories
Inventories, net of reserves, consist of the following at June 30, 2011 and December 31, 2010 (in thousands):
Property, Plant and Equipment
Property, plant and equipment consist of the following at June 30, 2011 and December 31, 2010 (in thousands):
Intangible Assets
Intangible assets consist of the following at June 30, 2011 (in thousands):
Intangible assets consist of the following at December 31, 2010 (in thousands):
The amortization related to technology, patents, other core technologies, and the facilities' lease is charged to cost of revenues. The amortization related to customer relationships and trade name is charged to operating expenses. |
Employee Stock Option Expense
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6 Months Ended |
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Jun. 30, 2011
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Employee Stock Option Expense | Â |
Employee Stock Option Expense | Note 9: Employee Stock Option Expense
During the six months ended June 30, 2011, Tower awarded 1.1 million non-qualified stock options exercisable to Tower ordinary shares to the Company employees that vest over a three year period from the date of grant. The weighted average exercise price was $1.42. The Company recorded $209 thousand and $346 thousand of compensation expenses relating to options granted to employees, for the three months and six months ended June 30, 2011, respectively. The Company recorded $142 thousand and $305 thousand of compensation expenses relating to employees options, during the corresponding periods in 2010. |
Related Party Transactions
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6 Months Ended | |||||||||||||||||||||||||||
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Jun. 30, 2011
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Related Party Transactions | Â | |||||||||||||||||||||||||||
Related Party Transactions | Note 10: Related Party Transactions
Related party balances are with Tower and TowerJazz Japan Ltd. and are mainly for purchases and payments on behalf of the other party, tools sale, tools lease and service charges. |
Employee Benefit Plans
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6 Months Ended |
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Jun. 30, 2011
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Employee Benefit Plans | Â |
Employee Benefit Plans | Note 8: Employee Benefit Plans
The pension and other post retirement benefit plans expenses for the three and six months ended June 30, 2011 were $0.3 million and $0.5 million, respectively. The amounts for the pension and other post retirement benefit plans expenses for the three and six months ended June 30, 2010 were $0.2 million and $0.5 million, respectively. |
Organization
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6 Months Ended |
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Jun. 30, 2011
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Organization | Â |
Organization | Note 1: Organization
Unless specifically noted otherwise, as used throughout these notes to the unaudited condensed consolidated financial statements, "Jazz" and "Company" refers to the business of Jazz Technologies, Inc., and "Jazz Semiconductor" refers only to the business of Jazz Semiconductor, Inc. References to the "Company" for dates prior to September 19, 2008 mean the predecessor which on September 19, 2008 was merged with a subsidiary of Tower Semiconductor Ltd., an Israeli company ("Tower"), and references to the "Company" for periods on or after September 19, 2008 are references to the successor Tower subsidiary.
The Company
Jazz, formerly known as Acquicor Technology Inc., was incorporated in Delaware on August 12, 2005. The Company was formed to serve as a vehicle for the acquisition of one or more domestic and/or foreign operating businesses through a merger, capital stock exchange, stock purchase, asset acquisition or other similar business combination.
The Company is based in Newport Beach, California and following the acquisition of Jazz Semiconductor, became an independent semiconductor foundry focused on specialty process technologies for the manufacture of analog intensive mixed-signal semiconductor devices. The Company's specialty process technologies include advanced analog, radio frequency, high voltage, bipolar and silicon germanium bipolar complementary metal oxide ("SiGe") semiconductor processes. The Company's semiconductor devices are used in cellular phones, wireless local area networking devices, digital TVs, set-top boxes, gaming devices, switches, routers and broadband modems. |
Credit Facility
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6 Months Ended |
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Jun. 30, 2011
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Credit Facility | Â |
Credit Facility | Note 4: Credit Facility
Borrowing availability under the facility as of June 30, 2011, was $27 million. Outstanding borrowings were $22 million and $1.3 million of the facility supporting outstanding letters of credits on that date. The Company considers borrowings of $10 million to be long-term debt as of June 30, 2011. As of June 30, 2011, the Company was in compliance with all the covenants under this facility. |
Notes
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6 Months Ended |
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Jun. 30, 2011
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Notes | Â |
Notes | Note 5: Notes
In 2006, The Company completed private placements of convertible notes. The convertible notes bear interest at a rate of 8% per annum payable semi-annually and mature in December, 2011 ("Old Notes"). In the exchange agreement described below, approximately $79.6 million principal amount of the Old Notes were converted to New Notes. As of June 30, 2011, approximately $35.1 million in principal amount of Old Notes remains outstanding as compared to $43.7 million as of December 31, 2010.
On July 2010, the Company, together with its domestic subsidiaries and its parent, Tower, entered into an exchange agreement (the "Exchange Agreement") with certain note holders (the "Participating Holders") holding approximately $79.6 million principal amount of the Old Notes. Under the Exchange Agreement, the Participating Holders exchanged their Old Notes for newly-issued 8% non-convertible notes of the Company due June 2015 (the "New Notes") with an exchange ratio of 1.175 New Notes for each 1.000 Old Notes. In addition, the Participating Holders received warrants to purchase approximately 25.3 million ordinary shares of Tower for a consideration of $1.70 per share ("Warrants J"). The Company's obligations under the Old Notes and New Notes are not guaranteed by Tower. Interest on the New Notes at a rate of 8% per annum is payable semiannually. As of June 30, 2011, approximately $93.6 million in principal amount of New Notes remains outstanding. |
Holdings In Hua Hong Semiconductor Ltd.
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6 Months Ended |
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Jun. 30, 2011
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Holdings In Hua Hong Semiconductor Ltd. | Â |
Holdings In Hua Hong Semiconductor Ltd. | Note 6: Holdings in Hua Hong Semiconductor Ltd.
In connection with the acquisition of Jazz Semiconductor in February 2007, the Company acquired an investment in Hua Hong Semiconductor Ltd ("HHSL"), which owns 100% of Shanghai Hua Hong NEC Electronics Company Ltd (also known as "HHNEC"). As of June 30, 2011, the investment represented a minority interest of approximately 10% in HHSL.
In July 2011, the Company signed a definitive agreement to sell its 10% holdings in "HHSL", in an HHSL buyback transaction, for approximately $32 million in cash gross, before tax and other payments. The holding in HHSL is presented in the balance sheet as of June 30, 2011 at an amount of $17.1 million under "short term investments".
The transaction is subject to customary closing conditions and is expected to close during the third quarter of 2011. |
Summary Of Significant Accounting Policies
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6 Months Ended | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Jun. 30, 2011
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Summary Of Significant Accounting Policies | Â | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Summary Of Significant Accounting Policies | Note 2: Summary of Significant Accounting Policies
Basis of Presentation and Consolidation
We prepare our consolidated financial statements in accordance with SEC and U.S. generally accepted accounting principles ("US GAAP") requirements and include all adjustments of a normal recurring nature that are necessary to fairly present our condensed consolidated results of operations, financial position, and cash flows for all periods presented. The accompanying condensed consolidated financial statements include the accounts of the Company and its wholly-owned subsidiaries. Interim period results are not necessarily indicative of full year results. This quarterly report should be read in conjunction with our most recent Annual Report on Form 10-K.
The condensed consolidated financial statements included herein are unaudited; however, they contain all normal recurring adjustments that, in the opinion of management, are necessary to present fairly the Company's consolidated financial position at June 30, 2011 and December 31, 2010, and the consolidated results of its operations and cash flows for the three months and six months ended June 30, 2011 and 2010. All intercompany accounts and transactions have been eliminated. Certain amounts have been reclassified in order to conform to 2011 presentation.
Use of Estimates
The preparation of financial statements in conformity with US GAAP requires the Company to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities as of the date of the financial statements, and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ materially from those estimates.
Fair Value of Financial Instruments
The carrying amounts of cash and cash equivalents, accounts receivable, accounts payable and accrued expenses, approximate fair value due to their short maturities.
Comprehensive Income
Concentrations
Financial instruments that potentially subject the Company to concentration of credit risk consist principally of cash and cash equivalents and trade accounts receivable. The Company performs ongoing credit evaluations of its customers and adjusts credit limits based upon payment history, age of the balance and the customer's current creditworthiness, as determined by a review of the customer's current credit information. The Company monitors collections and payments from its customers and maintains an allowance for doubtful accounts based upon historical experience and any specific customer collection issues that have been identified. A considerable amount of judgment is required in assessing the ultimate realization of these receivables. Customer receivables are generally unsecured.
Accounts receivable from significant customers representing 10% or more of the net accounts receivable balance as of June 30, 2011 and December 31, 2010 consists of the following customers:
Net revenues from significant customers representing 10% or more of net revenues consist of the following:
As a result of the Company's concentration of its customer base, loss or cancellation of business from, or significant changes in scheduled deliveries of products sold to these customers or a change in their financial position could materially and adversely affect the Company's consolidated financial position, results of operations and cash flows.
The Company operates a single manufacturing facility located in Newport Beach, California. A major interruption in the manufacturing operations at this facility would have a material adverse affect on the consolidated financial position and results of operations of the Company.
Initial Adoption of New Standards
ASU 2010-28, When to Perform Step 2 of the Goodwill Impairment Test for Reporting Units with Zero or Negative Carrying Amounts (Topic 350) - Intangibles - Goodwill and Other.
In December 2010, the Financial Accounting Standards Board ("FASB") issued Accounting Standards Update ("ASU") 2010-28, When to Perform Step 2 of the Goodwill Impairment Test for Reporting Units with Zero or Negative Carrying Amounts (Topic 350) - Intangibles - Goodwill and Other. ASU 2010-28 which amends the criteria for performing Step 2 of the goodwill impairment test for reporting units with zero or negative carrying amounts and requires performing Step 2 if qualitative factors indicate that it is more likely than not that a goodwill impairment exists. The amendments to this update are effective in the first quarter of 2011. Any impairment to be recorded upon adoption will be recognized as an adjustment to the beginning retained earnings. The adoption of this update did not impact the Company's consolidated financial position, results of operations or cash flows.
Recently Issued Accounting Standards
ASU 2010-29, Disclosure of Supplementary Pro Forma Information for Business Combinations (Topic 805) - Business Combinations
In December 2010, the FASB issued ASU 2010-29, Disclosure of Supplementary Pro Forma Information for Business Combinations (Topic 805) - Business Combinations (ASU 2010-29), to improve consistency in how the pro forma disclosures are calculated. Additionally, ASU 2010-29 enhances the disclosure requirements and requires description of the nature and amount of any material, nonrecurring pro forma adjustments directly attributable to a business combination. ASU 2010-29 is effective in fiscal year 2011 and should be applied prospectively to business combinations for which the acquisition date is after the effective date. Early adoption is permitted. The adoption of this update is not expected to have a material impact on the Company's consolidated financial position, results of operations or cash flows.
ASU 2011-1, Deferral of the Effective Date of Disclosures about Troubled Debt Restructurings in Update No. 2010-20
In January 2011, the FASB issued ASU 2011-1, Deferral of the Effective Date of Disclosures about Troubled Debt Restructurings in Update No. 2010-20 (ASU 2011-1). The FASB determined that certain provisions relating to troubled debt restructurings (TDRs) should be deferred until additional guidance and clarification on the definition of TDRs is issued. In April 2011, the FASB issued ASU No. 2011-2, A Creditor's Determination of Whether a Restructuring Is a Troubled Debt Restructuring (ASU 2011-2). ASU 2011-2 amends ASC Topic 310 - Receivables, by clarifying guidance for creditors in determining whether a concession has been granted and whether a debtor is experiencing financial difficulties. The amendments are effective for the first interim or annual period beginning on or after June 15, 2011, and should be applied retrospectively to the beginning of the annual period of adoption. ASU 2011-2 also makes disclosure requirements deferred under ASU 2011-1 effective for interim and annual periods beginning on or after June 15, 2011. The adoption of this update is not expected to have a material impact on the Company's consolidated financial position, results of operations or cash flows.
ASU 2011-04, Fair Value Measurement (Accounting Standards Codification ("ASC") Topic 820) - Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and IFRSs
In May 2011, the FASB issued ASU 2011-04, Fair Value Measurement (Accounting Standards Codification ("ASC") Topic 820) - Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and IFRSs. The amendments in this ASU result in common fair value measurement and disclosure requirements in U.S. GAAP and international financial reporting standards ("IFRS"). Consequently, the amendments change the wording used to describe many of the requirements in U.S. GAAP for measuring fair value and for disclosing information about fair value measurements. To improve consistency in application across jurisdictions some changes in wording are necessary to ensure that U.S. GAAP and IFRS fair value measurement and disclosure requirements are described in the same way. The ASU also provides for certain changes in current GAAP disclosure requirements, for example with respect to the measurement of level 3 assets and for measuring the fair value of an instrument classified in a reporting entity's shareholders' equity. The amendments in this ASU are to be applied prospectively, and are effective during interim and annual periods beginning after December 15, 2011. The adoption of this guidance is not anticipated to have an impact on our consolidated financial position, results of operations or cash flows.
ASU No. 2011-05, Comprehensive Income (ASC Topic 220) - Presentation of Comprehensive Income.
In May 2011, the FASB issued ASU No. 2011-05, Comprehensive Income (ASC Topic 220) - Presentation of Comprehensive Income. The amendments from this update will result in more converged guidance on how comprehensive income is presented under both U.S. GAAP and IFRS. With this update to ASC 220, an entity has the option to present the total of comprehensive income, the components of net income, and the components of other comprehensive income either in a single continuous statement of comprehensive income or in two separate but consecutive statements. In both choices, an entity is required to present each component of net income along with total net income, each component of other comprehensive income along with a total for other comprehensive income, and a total amount for comprehensive income. The amendments in this update do not change the items that must be reported in other comprehensive income or when an item of other comprehensive income must be reclassified to net income, nor does it affect how earnings per share is calculated or presented. Current U.S. GAAP allows reporting entities three alternatives for presenting other comprehensive income and its components in financial statements. One of those presentation options is to present the components of other comprehensive income as part of the statement of changes in stockholders' equity. This update eliminates that option. The amendments in this ASU should be applied retrospectively, and are effective for fiscal years, and interim periods within those years, beginning after December 15, 2011. The adoption of this guidance is not anticipated to have an impact on our consolidated financial position, results of operations or cash flows. |
Litigation
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6 Months Ended |
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Jun. 30, 2011
|
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Litigation | Â |
Litigation | Note 11: Litigation
During 2008, an International Trade Commission ("ITC") action was filed by Agere/LSI Corporation ("LSI"), alleging infringement of U.S. patent 5,227,335 (the '335 patent) under Section 337 of the Tariff Act of 1930 (Section 337) by seventeen corporations. Following that initial filing, in October 2008, LSI amended the ITC complaint requesting to add the Company, Tower and three other corporations as additional respondents to the investigation. In September 2009, the ITC administrative law judge ("ALJ") ruled against LSI and in favor of the respondents, determining that the '335 patent claims asserted by LSI are invalid. In November 2009, in response to a Petition for Review filed by LSI, the ITC determined that it would review the ALJ's determination on patent invalidity. In March 2010, the ITC issued a notice of final determination that there was no violation of Section 337, ruling that the LSI '335 patent claims were invalid, and terminated the ITC investigation.
LSI appealed the final determination to the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit"). While that appeal was pending, the '335 patent expired. The ITC moved to dismiss LSI's appeal as moot, which LSI conceded. In November, 2010, the Federal Circuit issued an order vacating the ITC's final determination and remanded the investigation to the ITC with instructions to dismiss the investigation as moot.
LSI also previously filed an action for patent infringement of the '335 patent against the Company and other corporations in the United States District Court for the Eastern District of Texas, which action was stayed pending the conclusion of the ITC investigation. On June 16, 2011, the District Court granted a motion by LSI to dismiss the Texas action without prejudice. As a result of that dismissal, there is no longer any legal proceeding currently pending by LSI against the Company or Tower. |
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