Corporation, the world’s leading supplier of chemical mechanical planarization
(CMP) polishing slurries to the semiconductor industry, today announced that
on July 25, 2008, the United States District Court for the District of Arizona
issued its patent claim construction, or “Markman” Order in Cabot
Microelectronics’ ongoing patent infringement litigation against DuPont
Air Products NanoMaterials, LLC.
In a Markman ruling, a district court hearing a patent infringement case interprets
and rules on the scope and meaning of disputed patent claim language regarding
the patents in suit. A Markman decision is often a significant factor in the
progress and outcome of patent infringement litigation.
In the recently issued Markman Order, the Court adopted interpretations that
Cabot Microelectronics believes are favorable to Cabot Microelectronics on all
claim terms that were in dispute in the litigation.
The litigation, which the company previously announced it had filed in January,
2007, involves DA Nano’s manufacture and marketing of certain CMP slurries
that the company believes infringe five patents owned by Cabot Microelectronics.
The affected DA Nano products include certain products used for tungsten CMP.
Cabot Microelectronics is seeking damages and injunctive relief against DA Nano
in the litigation.
“We are extremely pleased with the Court’s Markman Order. We remain
confident in our position concerning DA Nano’s 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 the Court’s Markman Order is another significant 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.”
The Court’s Markman Order and related Order are accessible by clicking
on the links below:
Order (July 25, 2008)
Unsealing Markman Order (July 30, 2008)