Cabot Microelectronics Announces Plans to Pursue Patent Infringement Enforcement Action against DuPont Air Products NanoMaterials LLC.AURORA, Ill. -- Cabot Microelectronics Corporation (Nasdaq:CCMP CCMP Comprehensive Conservation and Management Plan CCMP Counter-Mode/CBC-Mac Protocol (IEEE 802.11I encryption algorithm) CCMP Capacitively Coupled Microwave Plasma CCMP Coalition of Concerned Medical Professionals ), the leading supplier of chemical mechanical planarization (CMP CMP (cytidine monophosphate): see cytosine. (1) (CMP Media LLC, Manhasset, NY, www.cmp.com) Part of United Business Media, CMP is a leading integrated media company that offers a wide variety of publications and services in the information ) slurries to the semiconductor industry, today announced plans to pursue legal action against DuPont Air Products NanoMaterials LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control ("DA Nano") for the manufacture and marketing of certain CMP slurries that infringe patents owned by Cabot Microelectronics. The affected DA Nano products include those used for tungsten CMP. Cabot Microelectronics announced its plan in response to a complaint filed on December 8 by DA Nano in the United States District Court for the District of Arizona The United States District Court for the District of Arizona is the Federal district court whose jurisdiction is the state of Arizona. The United States Attorney's Office for the District of Arizona represents the United States in civil and criminal litigation in this court. seeking declaratory relief declaratory relief n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed) for information in a lawsuit over a contract. and alleging non-infringement, invalidity and unenforceability of some of the Cabot Microelectronics patents at issue. The complaint follows Cabot Microelectronics' refusal of DA Nano's request to be granted a license to the Cabot Microelectronics patents raised in the complaint. Cabot Microelectronics believes that the complaint is wholly without merit and anticipates responding to it and filing a counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. for patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. shortly. DA Nano's complaint does not allege any infringement by Cabot Microelectronics' products of intellectual property owned by DA Nano. "Cabot Microelectronics remains committed to the enforcement of our intellectual property and protection of our significant investment in patent-protected research and development", stated H. Carol Bernstein, Cabot Microelectronics' Vice President, Secretary and General Counsel. "We believe certain of DA Nano's products infringe our tungsten CMP technology, and we are disappointed that thus far they have refused to switch to non-infringing technology. We look forward to the successful resolution of this litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. ." Earlier this year, Cabot Microelectronics successfully concluded a U.S. International Trade Commission (ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium ITC n abbr (BRIT) (= Independent Television Commission) → ) patent action against Cheil Industries, Inc. concerning some of the same patents currently at issue with DA Nano. ABOUT CABOT MICROELECTRONICS CORPORATION Cabot Microelectronics Corporation, headquartered in Aurora, Illinois, is the world's leading supplier of CMP slurries used in semiconductor and data storage manufacturing. 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. Since becoming an independent public company in 2000, the company has grown to nearly 750 employees who work at research and development labs, sales and business offices, manufacturing facilities and customer service centers in China, France, Germany, Japan, Singapore, South Korea, Taiwan, the United Kingdom and the United States. The company's vision is to become the world leader in shaping, enabling and enhancing the performance of surfaces, and thus looks beyond its core CMP business in the semiconductor industry. For more information about Cabot Microelectronics Corporation, visit www.cabotcmp.com or contact Barbara Ven Horst, Director of Investor Relations Investor relations The process by which the corporation communicates with its investors. at (630) 375-5412. SAFE HARBOR Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. 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 and trends; growth of the markets in which the company participates; international events; 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; and the construction of new or refurbishment of existing 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 "Risks Factors" in our annual report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the fiscal year ended September 30, 2006, filed with the SEC. Cabot Microelectronics assumes no obligation to update this forward-looking information. |
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