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Cabot Microelectronics Patent Infringement Litigation Against DA Nano

Published on July 31, 2008 at 11:29 AM

Cabot Microelectronics 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:

Markman Order (July 25, 2008)

Order Unsealing Markman Order (July 30, 2008)

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