CMC Materials Wins Favorable ITC Final Determination Finding a Violation By DuPont and Issuing Order Excluding DuPont’s Infringing CMP Slurries from U.S.
16 Dezembro 2021 - 9:32PM
CMC Materials, Inc. (Nasdaq: CCMP) (“CMC”), a leading global
supplier of consumable materials primarily to semiconductor
manufacturers, today announced that the company won a resounding
legal victory in its United States International Trade Commission
(ITC) case against DuPont de Nemours, Inc. and several DuPont
subsidiaries (collectively, “DuPont”). The ITC issued a Final
Determination that found that DuPont is unlawfully importing,
selling, and marketing in the United States certain chemical
mechanical planarization (“CMP”) slurries and components thereof
that infringe a patent owned by CMC that is fundamental to advanced
dielectric CMP slurries.
Based on the Final Determination, the ITC issued an exclusion
order and cease and desist orders prohibiting DuPont’s importation,
marketing, and sale of infringing products and components thereof
in the United States. Following a 60-day Presidential review
period, U.S. Customs and Border Protection will stop the
importation into the United States of at least DuPont’s infringing
Optiplane 2300 and Optiplane 2600 dielectric CMP slurries and
components thereof for a period extending to 2035 (the expiration
date of CMC’s patent). The ITC ordered DuPont to post a bond of 100
percent of the entered value of the infringing products imported or
sold during the 60-day review period. It also required that
any party expecting to “transition away” from the infringing
products in the short term to provide a “documented need” for the
products under penalty of criminal sanction. See Limited
Exclusion Order.
"We are extremely pleased the ITC’s final determination found
infringement by all of DuPont’s slurry products in this case," said
H. Carol Bernstein, Vice President, Secretary and General
Counsel. "The CMC breakthrough patent here is just one
example of CMC’s continued and ongoing significant investments in
R&D and manufacturing in the United States to advance CMP
technology and provide cutting edge products to the semiconductor
industry. We remain committed to protecting these investments
and enforcing our valuable intellectual property, to the benefit of
our customers."
ABOUT CMC MATERIALS, INC.
CMC Materials, Inc., headquartered in Aurora, Illinois, is a
leading global supplier of consumable materials primarily to
semiconductor manufacturers. The company’s products play a
critical role in the production of advanced semiconductor devices,
helping to enable the manufacture of smaller, faster and more
complex devices by its customers. CMC Materials, Inc. is also a
leading provider of performance materials to pipeline
operators. The company's mission is to create value by
delivering high-performing and innovative solutions that solve its
customers’ challenges. The company has approximately 2,100
employees globally. For more information about CMC Materials, Inc.,
visit www.cmcmaterials.com, or contact Colleen Mumford, Vice
President, Communications and Marketing, at 630-499-2600.
FORWARD LOOKING STATEMENTS
This press release contains forward-looking statements, which
address a variety of subjects including, for example, future sales
and operating results; growth or contraction, and trends in the
industries and markets in which the company participates such as
the semiconductor, and oil and gas, industries; the acquisition of,
investment in, or collaboration with other entities, and the
expected benefits and synergies of such transactions; divestment or
disposition, or cessation of investment, in certain of the
company’s businesses; new product introductions; development of new
products, technologies and markets; product performance; the
financial conditions of the company's customers; the competitive
landscape that relates to the company’s business; the company's
supply chain; the targeted benefits of company cost reduction or
optimization initiatives; natural disasters; various economic or
political factors and international or national events, including
related to global public health crises such as the Pandemic, and
the enactment of trade sanctions, tariffs, or other similar
matters; the generation, protection and acquisition of intellectual
property, and litigation related to such intellectual property or
third party intellectual property; environmental, health and safety
laws and regulations, and related compliance and costs of
compliance; the operation of facilities by the company; the
company's management; foreign exchange fluctuation; the company's
current or future tax rate, including the effects of changes to tax
laws in the jurisdictions in which the company operates;
cybersecurity threats and vulnerabilities; and, financing
facilities and related debt, pay off or payment of principal and
interest, and compliance with covenants and other terms, uses and
investment of the company's cash balance, including dividends and
share repurchases, which may be suspended, terminated or modified
at any time for any reason by the company, based on a variety of
factors. Statements that are not historical facts, including
statements about CMC Materials’ beliefs, plans and expectations,
are forward-looking statements. Such statements are based on
current expectations of CMC Materials’ management and are subject
to a number of factors and uncertainties, which could cause actual
results to differ materially from those described in the
forward-looking statements. For information about factors that
could cause actual results to differ materially from those
described in the forward-looking statements, please refer to CMC
Materials’ filings with the Securities and Exchange Commission
(“SEC”), including the risk factors contained in CMC Materials’
Annual Report on Form 10-K for the fiscal year ended September 30,
2021 filed on November 12, 2021. Except as required by law,
CMC Materials undertakes no obligation to update forward-looking
statements made by it to reflect new information, subsequent events
or circumstances.
Colleen Mumford
Vice President, Communications and Marketing
CMC Materials, Inc.
(630) 499-2600
CMC Materials (NASDAQ:CCMP)
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