-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Cm+iDcG1uY97X8Fx7q/pgfOd6uAVGaZOI7nz4b6JDOrIJ7lA0poGF8F6ArbGQRRK pqhWX2UVijtVNPFMWIkcmA== 0001145549-07-001596.txt : 20070914 0001145549-07-001596.hdr.sgml : 20070914 20070914160319 ACCESSION NUMBER: 0001145549-07-001596 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20070914 FILED AS OF DATE: 20070914 DATE AS OF CHANGE: 20070914 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TAIWAN SEMICONDUCTOR MANUFACTURING CO LTD CENTRAL INDEX KEY: 0001046179 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14700 FILM NUMBER: 071117801 BUSINESS ADDRESS: STREET 1: NO. 8, LI-HSIN ROAD 6 STREET 2: SCIENCE-BASED INDUSTRIAL PARK CITY: HSINCHU STATE: F5 ZIP: 00000 BUSINESS PHONE: 886-3-5636688 MAIL ADDRESS: STREET 1: NO. 8, LI-HSIN ROAD 6 STREET 2: SCIENCE-BASED INDUSTRIAL PARK CITY: HSINCHU STATE: F5 ZIP: 00000 6-K 1 h01481e6vk.txt TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LTD. 1934 Act Registration No. 1-14700 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 OF THE SECURITIES EXCHANGE ACT OF 1934 For the month of September 2007 TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LTD. (Translation of Registrant's Name Into English) NO. 8, LI-HSIN RD. 6, HSINCHU SCIENCE PARK, TAIWAN (Address of Principal Executive Offices) (Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.) Form 20-F V Form 40-F ------- ------- (Indicate by check mark whether the registrant by furnishing the information contained in this form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.) Yes No V ------- ------- (If "Yes" is marked, indicated below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82: _______.) CALIFORNIA COURT ISSUES ORDER ON TSMC MOTION FOR PRELIMINARY INJUNCTION AGAINST SMIC HSINCHU, TAIWAN, R.O.C., SEPTEMBER 14, 2007 --The California State Superior Court of Alameda County issued an Order on TSMC's pre-trial motion for a preliminary injunction against SMIC on September 7, and the Order was made public on September 13, Pacific Time. A summary of the Order follows. 1. The Court found "TSMC has demonstrated a significant likelihood that it will ultimately prevail on the merits of its claim for breach of paragraphs 15 and 29 of the (2005) Settlement Agreement" with SMIC. 2. The Court also found "TSMC has demonstrated a significant probability of establishing that SMIC retains and is using TSMC Information in SMIC's 0.13um and smaller technologies that should have been returned under paragraphs 15 and 29 of the (Settlement) Agreement, and there is significant threat of serious irreparable harm to TSMC if SMIC were to disclose or transfer that information before final resolution of the case." Therefore, the court ordered that, effective immediately, SMIC must provide advance notice and an opportunity for TSMC to object before disclosing items enumerated in the Court Order to SMIC's third party partners. 3. The Court issued the Order instead of a full pre-trial injunction not due to lack of merit in TSMC's case, but because of other considerations. Those considerations include: a. The Court was "reluctant to issue a preliminary injunction that will almost certainly require ongoing discovery and repeated compliance hearings in the next 12-16 months." b. Breach of contract damages to TSMC for the period September 2007 through a trial in late 2008 do not constitute "irreparable harm" to TSMC as "injury from lost sales can be recovered after trial". c. The Court found there was no demonstration that SMIC is distributing its assets or in imminent danger of bankruptcy. d. The Court also found "if an injunction is issued in error, the intangible injury to the significantly smaller SMIC would be severe in terms of loss of cash flow, customer relationships, and reputation". 4. Finally, the Court stated that it expects to move promptly to full discovery and to a trial on the merits, which both parties have anticipated will take place in 2008. The full text of the Court's Order is available on the Court's website at http://apps.alameda.courts.ca.gov/fortecgi/fortecgi.exe?ServiceName=DomainWeb Service&TemplateName=index.html, using case number RG06286111. # # # TSMC SPOKESPERSON: - ------------------ Ms. Lora Ho Vice President and CFO Tel: 886-3-566-4602 TSMC ACTING SPOKESPERSON: - ------------------------- Mr. J.H. Tzeng Deputy Director, PR Department, TSMC Tel: 886-3-505-5028 Mobile: 0928-882607 Fax: 886-3-567-0121 E-Mail: jhtzeng@tsmc.com FOR FURTHER INFORMATION, PLEASE CONTACT: - ---------------------------------------- Michael Kramer Richard C.Y. Chung Principal Specialist, TSMC P.R. Dept Technical Manager, TSMC Tel: 886-3-505-6216 Tel: 886-3-505-5038 Mobile: 886-926-026-632 Mobile: 886-911-258751 Fax: 886-3-567-0121 Fax: 886-3-567-0121 E-Mail: pdkramer@tsmc.com E-Mail: cychung@tsmc.com SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. Taiwan Semiconductor Manufacturing Company Ltd. Date: September 14, 2007 By /s/ Lora Ho ---------------------------------- Lora Ho Vice President & Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----