Summary judgments denied in Cabot patent case against DuPont jv

23 November 2009 17:50  [Source: ICIS news]

HOUSTON (ICIS news)--Shares of Cabot Microelectronics rose slightly on Monday, following a string of summary judgment denials that could push to trial the company’s patent infringement case against a joint venture made up of DuPont and Air Products.

Illinois-based Cabot filed the enforcement action in January 2007 against the joint venture (jv), DuPont Air Products Nano Materials (DA Nano). Cabot alleged that DA Nano’s manufacture and marketing of certain chemical mechanical planarisation (CMP) slurries infringed on patents owned by Cabot.

The affected DA Nano products include those used for tungsten CMP, Cabot said. Cabot is seeking damages and injunctive relief against the joint venture in the litigation.

In rulings last week, a US court denied motions for summary judgment by both the DuPont jv and Cabot, ordering the companies to submit pretrial filings by 16 December and paving the way for the eventual trial, Cabot said.

“We continue to be confident in our position concerning DuPont Air Products Nano Materials’ infringements of the patents at issue, and look forward to proceeding to trial,” said Carol Bernstein, vice president and general counsel for Cabot Microelectronics.

Cabot shares traded at $31.30 as of 12:39 hours New York time (17:39 GMT), up 0.71% on the NASDAQ. Last week, prices had fallen close to $30.

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By: Ben DuBose
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