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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)
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DELAWARE
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000-29472
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23-1722724 |
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(State or Other Jurisdiction of
Incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.) |
1900 SOUTH PRICE ROAD
CHANDLER, AZ 85286
(Address of Principal Executive Offices, including Zip Code)
(480) 821-5000
(Registrants 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.
99.1 |
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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.
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AMKOR TECHNOLOGY, INC.
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By: |
/s/ Gil C. Tily
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Gil C. Tily |
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Executive Vice President, Chief Administrative Officer and General
Counsel |
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Date: August 7, 2009
EXHIBIT INDEX:
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Exhibit |
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Description |
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99.1 |
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Text of Press Release dated August 7, 2009 |
exv99w1
Exhibit 99.1
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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
Amkors customer and other business relationships, including false and misleading
statements questioning Amkors 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
companys SEC filings and on Amkors 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 Amkors 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 companys Annual Report on Form 10-K
for the year ended December 31, 2008 and
in the companys 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)