Cabot Microelectronics Corporation Reports Unsealing of Summary Judgment Order in Pending Patent Infringement Action against DuP
DD | Quote | Chart | News | PowerRating -- Cabot Microelectronics Corporation (Nasdaq: CCMP | Quote | Chart | News | PowerRating), the world's leading
supplier of chemical mechanical planarization (CMP) polishing slurries
and growing CMP pad supplier to the semiconductor industry, reported
today that, as anticipated in its press release of November 20, the
United States District Court for the District of Arizona unsealed in
redacted form its ruling on summary judgment motions ("Summary Judgment
Order"), pending in Cabot Microelectronics' ongoing patent infringement
litigation against DuPont Air Products NanoMaterials, LLC ("DuPont Air
Products NanoMaterials").
Cabot Microelectronics believes that the recently issued Summary
Judgment Order, which is accessible below, supports Cabot
Microelectronics' position on the merits of the case. In the Summary
Judgment Order, the Court rejected DuPont Air Products NanoMaterials'
primary validity attack on Cabot Microelectronics' tungsten CMP patents
at issue in the case, holding that DuPont Air Products NanoMaterials'
arguments with respect to one of the patents "does not invalidate [Cabot
Microelectronics'] patent" and with respect to another "is insufficient
as a matter of law." The Court also recognized that there is only one
significant question of fact left to decide on the issue of DuPont Air
Products NanoMaterials' infringement of Cabot Microelectronics' CMP
tungsten patents: whether DuPont Air Products NanoMaterials' accused
CMP3600 and CMP3700 products employ a catalyst having "multiple
oxidation states". The Court took note of DuPont Air Products
NanoMaterials' own U.S. patent applications in which "it appears that
DAPN [(DuPont Air Products NanoMaterials)] admitted to the patent office
that its catalyst has multiple oxidative states," contrary to its
assertions. Furthermore, the Court expressed its "serious misgivings
about DAPN's [(DuPont Air Products NanoMaterials')] evidence".
Additionally, the Court today also allowed Cabot Microelectronics to
obtain additional damages and certain other discovery, and in light of
this also extended from December 16, 2009 to January 15, 2010 the date
by which the parties are to submit pretrial filings.
The Court's redacted Summary Judgment Order and related document are
accessible by clicking on the links below:
--
Summary
Judgment Order (redacted)(November 16, 2009)
--
Press
Release entitled "Cabot Microelectronics Corporation Receives Ruling
on Pending Summary Judgment Motions in Patent Infringement Enforcement
Action against DuPont Air Products NanoMaterials, LLC" (November 20,
2009)
ABOUT CABOT MICROELECTRONICS CORPORATION
Cabot Microelectronics Corporation, headquartered in Aurora, Illinois,
is the world's leading supplier of CMP polishing slurries and growing
CMP pad supplier to the semiconductor industry. The company's products
play a critical role in the production of the most advanced
semiconductor devices, enabling the manufacture of smaller, faster and
more complex devices by its customers. The company's mission is to
create value by developing reliable and innovative solutions, through
close customer collaboration, that solve today's challenges and help
enable tomorrow's technology. Since becoming an independent public
company in 2000, the company has grown to approximately 900 employees on
a global basis. For more information about Cabot Microelectronics
Corporation, visit www.cabotcmp.com
or contact Amy Ford, Director of Investor Relations at (630) 499-2600.
SAFE HARBOR STATEMENT
This news release may include statements that constitute "forward
looking statements" within the meaning of federal securities
regulations. These forward-looking statements include statements related
to: future sales and operating results; company and industry growth,
contraction or trends; growth or contraction of the markets in which the
company participates; international events or various economic factors;
product performance; the generation, protection and acquisition of
intellectual property, and litigation related to such intellectual
property; new product introductions; development of new products,
technologies and markets; the acquisition of or investment in other
entities; uses and investment of the company's cash balance; and the
construction of facilities by Cabot Microelectronics Corporation. These
forward-looking statements involve a number of risks, uncertainties, and
other factors, including those described from time to time in Cabot
Microelectronics' filings with the Securities and Exchange Commission
(SEC), that could cause actual results to differ materially from those
described by these forward-looking statements. In particular, see "Risk
Factors" in the company's annual report on Form 10-K for the fiscal year
ended September 30, 2009, filed with the SEC. Cabot Microelectronics
assumes no obligation to update this forward-looking information.
SOURCE: Cabot Microelectronics Corporation
Cabot Microelectronics Corporation
Amy Ford, Director of Investor Relations
(630) 499-2600
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