e8vk
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 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)
August 7, 2009
 
AMKOR TECHNOLOGY, INC.
(Exact name of registrant as specified in its charter)
         
DELAWARE   000-29472   23-1722724
         
(State or Other Jurisdiction of
Incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)
1900 SOUTH PRICE ROAD
CHANDLER, AZ 85286

(Address of Principal Executive Offices, including Zip Code)
(480) 821-5000
(Registrant’s telephone number, including area code)
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.
On August 7, 2009, Amkor filed a request for arbitration in the International Court of Arbitration of the International Chamber of Commerce against Tessera, Inc.
Additional information regarding the arbitration proceeding is contained in the press release attached hereto as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(d)   Exhibits.
99.1   Text of Press Release dated August 7, 2009, which is filed herewith.
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 hereunto duly authorized.
         
  AMKOR TECHNOLOGY, INC.
 
 
  By:   /s/ Gil C. Tily    
    Gil C. Tily   
    Executive Vice President, Chief Administrative Officer and General Counsel   
 
Date: August 7, 2009

 


 

EXHIBIT INDEX:
         
Exhibit   Description
  99.1    
Text of Press Release dated August 7, 2009

 

exv99w1
Exhibit 99.1
 
(AMKOR TECHNOLOGY LOGO)   News Release
Amkor Commences Arbitration Proceeding Against Tessera
CHANDLER, Ariz., August 7, 2009 — Amkor Technology, Inc. (Nasdaq: AMKR) today announced that it has filed a request for arbitration in the International Court of Arbitration of the International Chamber of Commerce (“ICC”) against Tessera, Inc. Amkor has undertaken this action in order to obtain declaratory relief confirming that it is a licensee in good standing under its 1996 license agreement with Tessera (the “License Agreement”) and that the License Agreement remains in effect. In the request for arbitration, Amkor is also seeking damages and injunctive relief against Tessera for tortious interference with Amkor’s customer and other business relationships, including false and misleading statements questioning Amkor’s status as a licensee under the License Agreement.
The License Agreement was the subject of a prior ICC arbitration between Amkor and Tessera. The final award in this prior arbitration was issued in January 2009 and covered the period through December 1, 2008. Amkor satisfied in full this obligation when due in February 2009. Although the royalty payment for the six month period ended June 30, 2009 is not due until August 14, 2009, Tessera has recently made repeated statements claiming that Amkor is in breach of the royalty provisions of the License Agreement. Amkor has informed Tessera that it is in full compliance with the License Agreement and of its intent to continue making the royalty payments when due in accordance with the terms of the License Agreement.
About Amkor:
Amkor Technology, Inc. (Nasdaq: AMKR) is a leading provider of semiconductor assembly and test services. The company offers semiconductor companies and electronics OEMs a complete set of microelectronic design and manufacturing services. More information on Amkor is available from the company’s SEC filings and on Amkor’s website: www.amkor.com.
Forward Looking Statement Disclaimer
This press release contains forward-looking statements within the meaning of federal securities laws. All statements other than statements of historical fact are considered forward looking statements including, without limitation, statements regarding the status of the Amkor’s License Agreement with Tessera and the outcome of arbitration relating to the License Agreement. These forward-looking statements involve a number of risks, uncertainties, assumptions and other factors that could affect future results and cause actual results and events to differ materially from historical and expected results and those expressed or implied in the forward looking statements, including, but not limited to, the highly unpredictable nature and costs of litigation and other legal activities and the risk of adverse results of such matters. Other important risk factors that could affect the outcome of the events set forth in these statements and that could affect our operating results and financial condition are discussed in the company’s Annual Report on Form 10-K for the year ended December 31, 2008 and

 


 

in the company’s subsequent filings with the Securities and Exchange Commission made prior to or after the date hereof. Amkor undertakes no obligation to review or update any forward looking statements to reflect events or circumstances occurring after the date of this press release.
Contact:
Gil Tily
Executive Vice President, Chief Administrative
Officer and General Counsel
480-821-5000 (ext. 5162)