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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)
March 29, 2010
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
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(Commission File Number)
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(IRS Employer |
Incorporation)
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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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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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 March
29, 2010, Amkor issued a press release announcing that the Administrative Law Judge in
Amkors patent infringement case against Carsem in the International Trade Commission has issued a Supplemental Initial Determination. Additional information is contained in the release, a copy of which is
attached hereto as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
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99.1
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Text of Press Release dated March 29, 2010. |
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:
March 31, 2010
EXHIBIT INDEX:
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Exhibit |
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Description |
99.1
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Text of Press Release dated March 29, 2010 |
exv99w1
Exhibit 99.1
Amkor
Announces Initial Determination in ITC Patent Infringement Case Against Carsem
CHANDLER, Ariz., March 29, 2010 Amkor Technology, Inc. (Nasdaq: AMKR) said today that the
Administrative Law Judge (ALJ) in Amkors patent infringement case against Carsem in the
International Trade Commission (ITC) has issued a Supplemental Initial Determination. Although
the ALJs ruling did not disturb the prior finding that Carsem Dual and Quad Flat No-Lead Packages
infringe some of Amkors patent claims relating to MicroLeadFrame® (MLF) technology, the
ALJ found that some of Amkors patent claims are invalid and, as a result, the ALJ did not find a
statutory violation of the Tariff Act.
We are disappointed that the Supplemental Initial Determination did not find a statutory violation
of the Tariff Act and disagree with the ALJs conclusions regarding the invalidity of some of our
asserted patent claims, said Ken Joyce, Amkors President and Chief Executive Officer. The ALJs
ruling is not final and we will now be taking steps to seek a ruling by the Commission to modify
the ALJs decision and issue an exclusion order that would prohibit Carsem from importing its
infringing QFN products into the United States.
The target date for a final ruling by the Commission is July 20, 2010.
About Amkor
Amkor is a leading provider of semiconductor assembly and test services to semiconductor companies
and electronics OEMs. 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 modification of the ALJs
decision by the Commission and the issuance of an exclusion order against Carsem. 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.
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 our Annual
Report on Form 10-K for the year ended December 31, 2009 and in our 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:
Amkor Technology, Inc.
Gil C. Tily
Executive Vice President & General Counsel
480-821-5000 (ext. 5162)