Cabot Receives Ruling in Patent Infringement Enforcement Action Against Dupont

AURORA, IL - Cabot Microelectronics Corporation announced in a press release 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 (DA Nano).

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,” Cabot Microelectronics' Vice President, Secretary and General Counsel Carol Bernstein said.

Cabot Microelectronics Corporation, headquartered in Aurora, Illinois, is the world's leading supplier of CMP slurries used in semiconductor and data storage manufacturing.