Published: November 20, 2009
Cabot Microelectronics Corporation Receives Ruling on Pending Summary Judgment Motions in Patent Infringement Enforcement Action against DuPont Air Products NanoMaterials, LLC
AURORA, Ill. - (BUSINESS WIRE) - Cabot Microelectronics Corporation (Nasdaq: CCMP), the world's leading
supplier of chemical mechanical planarization (CMP) polishing slurries
and growing CMP pad supplier to the semiconductor industry, today
announced that on November 16, 2009, the United States District Court
for the District of Arizona issued 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 the Summary Judgment Order will be made
accessible by the Court in redacted form, and at such time will be made
available electronically by the Company.
The litigation, which the company previously announced it had filed in
January, 2007, involves DuPont Air Products NanoMaterials' manufacture
and marketing of certain CMP slurries that the company believes infringe
five patents owned by Cabot Microelectronics. The affected DuPont Air
Products NanoMaterials products include certain products used for
tungsten CMP. Cabot Microelectronics is seeking damages and injunctive
relief against DuPont Air Products NanoMaterials in the litigation.
In the Court's Summary Judgment Order, the Court denied a motion filed
by DuPont Air Products NanoMaterials for summary judgment of invalidity
of three Cabot Microelectronics patents at issue in the case, which are
fundamental patents in the field of tungsten CMP. The Court also denied
DuPont Air Products NanoMaterials' motion for summary judgment of
non-infringement of these patents. In addition, the Court denied DuPont
Air Products NanoMaterials' motion for summary judgment of
non-infringement of another Cabot Microelectronics patent that is
considered to be a foundational CMP patent. The Court also denied Cabot
Microelectronics' motion for summary judgment of infringement of the
tungsten patents. The Court has ordered the parties to submit pretrial
filings by December 16, 2009.
Cabot Microelectronics believes that the recently issued Summary
Judgment Order supports Cabot Microelectronics' position on the merits
of the case with regard to the evidence of DuPont Air Products'
infringement of Cabot Microelectronics' tungsten patents and the lack of
evidence of invalidity of these patents. The Summary Judgment Order
paves the way for trial on DuPont Air Products' infringement of Cabot
Microelectronics' patents-in-suit.
"We are pleased with the Court's denial of DuPont Air Products
NanoMaterials' motions for summary judgment and with the Summary
Judgment Order. We continue to be confident in our position concerning
DuPont Air Products NanoMaterials' infringement of the patents at issue,
and look forward to proceeding to trial," said H. Carol Bernstein, Cabot
Microelectronics' Vice President, Secretary and General Counsel. "While
the outcome of this and any legal matter cannot be predicted with
certainty, we believe that the Court's Summary Judgment Order, like the
Court's Markman Order of July, 2008, is yet another significant and
positive step towards the successful resolution of this litigation, and
further validates Cabot Microelectronics' ongoing commitment to the
enforcement of our intellectual property and protection of our
significant investment in patent-protected research and development."
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 quarterly report on Form 10-Q for the quarter
ended June 30, 2009 and in the company's annual report on Form 10-K for
the fiscal year ended September 30, 2008, both filed with the SEC. Cabot
Microelectronics assumes no obligation to update this forward-looking
information.
Cabot Microelectronics Corporation
Amy Ford, Director of Investor
Relations
(630) 499-2600
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