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MEMC Electronic
Materials has filed a lawsuit against the SOI market leader, Soitec in response
to its patents on defect-free silicon, referred to as "Perfect Silicon" being
upheld by the European Patent Office in October 2005.
"We believe that
Soitec infringes our patents that protect the use, manufacture and sale of
Perfect Silicon wafers. We have filed suit following the seizure of evidence,
and intend to vigorously pursue this matter using all available remedies,
including past damages, royalties, lost profits and injunctions," said
Nabeel Gareeb, MEMC's Chief Executive Officer. "Soitec has filed a suit
against us in the U.S. to try and have our related patents declared invalid,
and has also threatened to do the same in Europe. Given our recent victory in
the European Patent Office against another competitor regarding our Perfect
Silicon patent family, we are confident that both the European and U.S. patents
will be upheld in the courts."
In a complaint filed
on November 21, 2005, Soitec filed for declaratory relief in the U.S. District
Court of Delaware in response to allegations of patent infringement made by
MEMC Electronic Materials, Inc. Soitec stipulates that it does not infringe on
any of MEMC's patents involving the production and use of so-called ‘COP-free
silicon', in the fabrication of SOI wafers, and that in addition, these patents
are not valid under U.S. law.
André-Jacques
Auberton-Hervé, Soitec's CEO, said at the time that, "We offered to discuss our
position with MEMC but they replied that they did not want to debate these
issues with us. In the face of their allegations and threats, we had no choice
but to ask the Court to intervene. We are confident that the Court will sustain
our position."
Related news stories;
MEMC successfully
defends European patent
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