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Howrey has won a major patent case on behalf of its client DA Nanomaterials of Tempe, Arizona, a joint venture between DuPont and Air Products, securing a declaratory judgment of non-infringement of all asserted claims on all four patents at issue. The jury also found no infringement under the doctrine of equivalents and no willful infringement.
The case is known as DuPont Air Products Nanomaterials vs. Cabot Microelectronics.
DA Nanomaterials originally brought suit in federal court in Phoenix, Arizona for declaratory judgment of invalidity and non infringement of several Cabot Microelectronics patents after Cabot had threatened DA Nano with claims of infringement. Cabot unsuccessfully counterclaimed and alleged and argued infringement and willful infringement of four patents.
Three of the patents involved silica based tungsten chemical mechanical polishing slurries and the fourth covered alumina based slurries.
DA Nanomaterials develops, manufactures, and supplies colloidal silica sols and particles for semiconductor and wafer polishing markets in Asia, Europe, and North America and is the world's foremost provider of electronic polishing products.
The Howrey team was led by partners Alan Grimaldi, Co Chair of the firm's Intellectual Property; Henry Bunsow, Vice Chairman of the firm; Karin Kramer and Thomas Jenkins and associates Bryon Wasserman, Matt Greinert and Aaron Hand.
Commenting on the victory, Grimaldi said, "the long term impact of this verdict will be to open up an important semiconductor manufacturing process to competition, which has been closed for the last 14 years."
Bunsow added, "The DA Nanomaterial product is truly a generational change which the jury appreciated particularly in declining to apply the doctrine of equivalents.
Cabot was represented in the matter by Wilmer Cutler.
Founded in 1956, Howrey LLP is a global law firm with over 625 attorneys and more than 35 economic, financial and regulatory consultants. Howrey has offices in Washington DC; Northern Virginia; Houston, Texas; New York, New York; Los Angeles, Irvine, East Palo Alto and San Francisco, California; Salt Lake City, Utah; Chicago, Illinois; London, England; Brussels, Belgium; Paris, France; Amsterdam, The Netherlands; Munich, Germany; Madrid, Spain and Taipei, Taiwan. Howrey's affiliate, The CapAnalysis Group, LLC (economic, financial, and litigation consultants) teams with Howrey attorneys as a strategic business resource. A consistent American Lawyer “A-List” and PLC Which Lawyer? “Global 50” firm, Howrey is one of the most frequently used law firms by the world’s leading companies. Howrey’s Intellectual Property practice was ranked as a top national IP practice and the Top IP Appellate practice by IP Law & Business. The Antitrust practice topped Global Competition Review’s “GCR 100” and recently received the prestigious Legal Business award as the Competition Team of the Year. The firm was also named by The Lawyer as one of the world’s “Top 50 Litigation Practices of 2009”. As the winner of the Thomas L. Sager Award from the Minority Corporate Counsel Association, Howrey is committed to the ideals of diversity and is equally committed to the tenets of pro bono and public service. Howrey's “Advantage of Focus” makes it the clear choice for antitrust, intellectual property and complex business dispute resolution. For more information, visit our Web site at www.howrey.com.
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