-----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, NgjtSIqRB4kAS5JEEBV5UVdYu0XbN/C6crJvMO7oUzam1WV+QI55nXmRv6uxgyrn EkuKceciU+lfrmK47NhvHw== 0001102934-06-000054.txt : 20060627 0001102934-06-000054.hdr.sgml : 20060627 20060626182554 ACCESSION NUMBER: 0001102934-06-000054 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060623 ITEM INFORMATION: Other Events FILED AS OF DATE: 20060627 DATE AS OF CHANGE: 20060626 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CABOT MICROELECTRONICS CORP CENTRAL INDEX KEY: 0001102934 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 364324765 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-30205 FILM NUMBER: 06925458 BUSINESS ADDRESS: STREET 1: 870 NORTH COMMONS DRIVE CITY: AURORA STATE: IL ZIP: 60504 BUSINESS PHONE: 6303755461 MAIL ADDRESS: STREET 1: 870 N COMMONS DR CITY: AURORA STATE: IL ZIP: 60504 8-K 1 cmc8-kfiled062606.htm CMC 8-K FILED 6-26-06 CMC 8-K filed 6-26-06
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

                                                                              


FORM 8-K


CURRENT REPORT
Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934


Date of Report (date of earliest event reported):
June 23, 2006


Cabot Microelectronics Corporation
(Exact name of registrant as specified in its charter)

Delaware
 
000-30205
 
36-4324765
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification)

870 Commons Drive, Aurora, Illinois
 
60504
(Address of principal executive offices)
 
(Zip Code)

(630) 375-6631
(Registrant’s telephone number, including area code)

Not applicable
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o  
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o  
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o  
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o  
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))








Item 8.01 Other Events


In its press release dated June 26, 2006, Cabot Microelectronics Corporation (the “Corporation”) announced the favorable resolution on June 23, 2006, of the complaint it filed on March 28, 2006, with the U.S. International Trade Commission (“ITC”) against Cheil Industries, Inc.

A copy of the press release issued by the Corporation, entitled “Cabot Microelectronics Announces Favorable Resolution of ITC Action Against Cheil Industries, Inc.”, is attached hereto as Exhibit 99.1 and incorporated herein by reference.
 
 

Item 9.01 Financial Statements and Exhibits.


(c)
Exhibits
   
 
99.1 Press release, dated June 26, 2006, entitled “Cabot Microelectronics Announces Favorable Resolution of ITC Action Against Cheil Industries, Inc.”



SIGNATURE

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 hereunto duly authorized.

 
CABOT MICROELECTRONICS CORPORATION
     
     
Date: June 26, 2006
By:
/s/ WILLIAM S. JOHNSON
   
William S. Johnson
   
Vice President and Chief Financial Officer
   
[Principal Financial Officer]




INDEX TO EXHIBITS

Exhibit
Number
Title
99.1
Press release, dated June 26, 2006, entitled “Cabot Microelectronics Announces Favorable Resolution of ITC Action Against Cheil Industries, Inc.”

EX-99.1 2 exhibit99_1.htm EXHIBIT 99.1 Exhibit 99.1
Exhibit 99.1

CABOT MICROELECTRONICS ANNOUNCES FAVORABLE RESOLUTION
OF ITC ACTION AGAINST CHEIL INDUSTRIES, INC.

AURORA, Illinois - June 26, 2006, - Cabot Microelectronics Corporation (Nasdaq: CCMP) announced today the favorable resolution of the complaint it filed with the U.S. International Trade Commission (“ITC”) concerning Cheil Industries, Inc. on March 28, 2006. The complaint identified violations of section 337 of the Tariff Act of 1930, including the importation and sale within the United States of certain chemical mechanical planarization (“CMP”) slurries that infringe patents owned by Cabot Microelectronics, requested that the ITC issue permanent exclusion and cease and desist orders, and resulted in the ITC’s investigation of the matter (337-TA-566).

The ITC’s action on June 23, 2006 grants these requests through the entry of a Consent Order and related Stipulation, resulting in the termination of the investigation, and, among other things, further bars Cheil from challenging the validity of the patent claims at issue in any proceeding to enforce the Consent Order.

“We are pleased at the expeditious and successful resolution of this matter before the ITC, which supports Cabot Microelectronics’ significant investment in patent-protected research and development, and allows us to continue to anticipate and meet our customers’ requirements for maintaining technology leadership,” stated H. Carol Bernstein, Cabot Microelectronics’ Vice President, Secretary and General Counsel. “As stated in the ITC’s Consent Order granting our requests, ‘the public interest . . . favors the recognition of presumptively valid patents and their exclusive rights,’ and in addition to the positive result for our business, we support the public policy that is served by the investigation and resolution of matters such as these.”

 
 
 

 
About Cabot Microelectronics
 
Cabot Microelectronics Corporation, headquartered in Aurora, Illinois, is the world’s leading supplier of CMP slurries used in semiconductor and data storage manufacturing. Since becoming an independent public company in 2000, the company has grown to approximately 650 employees who work at research and development labs, sales and business offices, manufacturing facilities and customer service centers in China, France, Germany, Japan, Singapore, South Korea, Taiwan, the United Kingdom and the United States. The company's products play a critical role in the production of the most advanced semiconductor devices, enabling the manufacture of smaller, faster and more complex devices by its customers. In addition to its core CMP business, the company’s vision looks beyond the semiconductor industry to become the world leader in shaping, enabling and enhancing the performance of surfaces. For more information about Cabot Microelectronics Corporation, visit www.cabotcmp.com or contact Barbara Ven Horst, Director of Investor Relations at (630) 375-5412.

Safe Harbor Statement: This news release may include statements that constitute "forward-looking statements" within the meaning of federal securities regulations. These forward-looking statements include statements related to future sales and operating results, company and industry growth and trends, growth of this market, international events, product performance, the generation and protection of intellectual property, new product introductions and development of new products and technologies by Cabot Microelectronics. These forward-looking statements involve a number of risks, uncertainties, and other factors, including those described from time to time in Cabot Microelectronics' filings with the Securities and Exchange Commission (SEC), that could cause the actual results to differ materially from those described by these forward-looking statements. In particular, see "Risks Relating to Our Business" in Management's Discussion and Analysis in our quarterly report on Form 10-Q for the quarter ended March 31, 2006, and our Annual Report on Form 10-K for the fiscal year ended September 30, 2005, both filed with the SEC. Cabot Microelectronics Corporation assumes no obligation to update this forward-looking information.
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