(RTTNews) -  Wednesday, Cabot Microelectronics Corp. (CCMP: News ), reported that the United States District Court for the District of Arizona unsealed in redacted form its ruling on summary judgment motions or Summary Judgment Order, pending in Cabot Microelectronics' ongoing patent infringement litigation against DuPont Air Products NanoMaterials, LLC.

In the order, the court rejected DuPont Air Products NanoMaterials' or DAPN's primary validity attack on Cabot's tungsten CMP patents, which are at issue in the case. The court held that DAPN's arguments with respect to one of the patents "does not invalidate Cabot Microelectronics' patent" and with respect to another "is insufficient as a matter of law."

Aurora, Illinois-based Cabot, which supplies chemical mechanical planarization or CMP polishing slurries and CMP pads to the semiconductor industry, said that it believes that the ruling was in line with its expectations and the Summary Judgment Order supports its position on the merits of the case.

According to the company, the court also recognized that the only significant question of fact to be decided on the issue of DAPN's' infringement of Cabot's CMP tungsten patents is whether DAPN's accused CMP3600 and CMP3700 products employ a catalyst having "multiple oxidation states".
Cabot said that the court took note of DAPN's own U.S. patent applications in which "it appears that DAPN admitted to the patent office that its catalyst has multiple oxidative states," contrary to its assertions.

Furthermore, the court expressed its "serious misgivings about DAPN's evidence". Additionally, the court today also allowed Cabot to obtain additional damages and certain other discovery, and in light of this also extended from December 16, 2009 to January 15, 2010 the date by which the parties are to submit pretrial filings.

CCMP closed Wednesday's last trade on the Nasdaq at $31.41, up $0.04 or 0.13%. In the after hours, the stock further rose $0.01 or 0.04% to trade at $31.4239.

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by RTT Staff Writer

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