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)
July 21, 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
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:
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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))
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Item 8.01. Other Events.
On July 21, 2010, Amkor issued a press release announcing that the International Trade Commission
(the Commission), has issued a Notice of Commission Final Determination dated July 20, 2010, in
which the Commission determined that there is no violation of Section 337 of the Tariff Act in
Amkors patent infringement case against Carsem.
A copy of the press release is attached hereto as Exhibit 99.1.
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Item 9.01. |
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Financial Statements and Exhibits. |
(d) Exhibits.
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99.1 |
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Text of Press Release dated July 21, 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: |
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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: July 22, 2010
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 July 21, 2010 |
exv99w1
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News Release |
ITC Issues Notice of Final Determination Finding No Violation in Amkor MLF
Patent Case against Carsem
CHANDLER, Ariz., July 21, 2010 Amkor Technology, Inc. (NASDAQ: AMKR) today announced that
the International Trade Commission (the Commission) has issued a Notice of Commission Final
Determination (the Notice) dated July 20, 2010, in which the Commission determined that there is
no violation of Section 337 of the Tariff Act in Amkors patent infringement case against Carsem.
We are disappointed by this determination and the lengthy delays in litigating this matter, said
Ken Joyce, Amkors president and chief executive officer. We remain confident that Amkors
technology and patent rights for our MLF packaging solutions, which extend well beyond the three
patents at issue in this case, ultimately will be validated. Thus, we plan to appeal this ruling
to the U.S. Court of Appeals for the Federal Circuit. Amkor has a substantial portfolio of
valuable IP assets, and we will continue to enforce and protect our investment in our patents and
proprietary technology.
On November 9, 2005, the Administrative Law Judge (the ALJ) issued a ruling that Carsems Dual
and Quad Flat No-Lead Packages infringe certain claims of one of Amkors patents relating to
MicroLeadFrame® (MLF) technology, that all of Amkors asserted claims for that patent
are valid, and that Carsem violated Section 337 of the Tariff
Act. On February 18, 2010, the
Commission found that a certain invention constituted prior art to Amkors asserted patents, and
remanded the investigation to the ALJ for further findings. On March 22, 2010, the ALJ found that
the infringed claims of the Amkor patent are invalid in light of the Commissions finding.
Accordingly, the ALJ found no violation of Section 337.
In the Notice issued by the Commission on July 20, 2010, the Commission determined not to review
the ALJs findings in either of the prior rulings and terminated the investigation. The Notice
indicates the Commission will issue an opinion supporting its determination in the future.
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 ultimate outcome of this
dispute. 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.
Contacts
Amkor Technology, Inc., Chandler
Greg Johnson
Sr. Director, Corporate Communications
480-821-5000, ext. 5499
greg.johnson@amkor.com