Cabot Microelectronics (CCMP) Receives Ruling on DuPont Patent Infringement Suit

November 23, 2009 7:01 AM EST

Cabot Microelectronics Corporation (NASDAQ: CCMP) today announced that on November 16, 2009, the United States District Court for the District of Arizona issued its ruling on summary judgment motions, pending in Cabot Microelectronics' ongoing patent infringement litigation against DuPont Air Products NanoMaterials, LLC. 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.

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