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 23, 2012
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:
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | 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 23, 2012, Amkor issued a press release announcing that the U.S. Court of Appeals for the Federal Circuit issued a favorable ruling in Amkor’s appeal in its patent infringement case against Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem Inc. before the U.S. International Trade Commission.
Additional information about the decision is contained in the press release attached hereto as Exhibit 99.1.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
| 99.1 | Press Release dated August 23, 2012 | |
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 23, 2012
EXHIBIT INDEX:
| Exhibit |
Description | |
| 99.1 | Press Release dated August 23, 2012 | |
Exhibit 99.1
NEWS RELEASE
Federal Circuit Court Issues Favorable Ruling in Amkor’s Patent Case Against Carsem
CHANDLER, Ariz. – August 23, 2012 - Amkor Technology, Inc. (NASDAQ: AMKR) today announced that the U.S. Court of Appeals for the Federal Circuit issued a favorable ruling in Amkor’s appeal in its patent infringement case against Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem Inc. before the U.S. International Trade Commission.
In the underlying ITC proceedings, the Administrative Law Judge had ruled that certain Carsem Dual and Quad Flat No-Lead (QFN) Packages infringe certain claims of one of Amkor’s patents (U.S. Patent No. 6,433,277) relating to MicroLeadFrame® (MLF) technology. However the ITC subsequently ruled that the infringed claims were invalid and terminated the proceedings. The Federal Circuit Court has now reversed the ITC’s determination of invalidity, and remanded the matter to the ITC for further proceedings consistent with its opinion.
“This is a significant decision in protecting Amkor’s technology and patent rights for MicroLeadFrame® packaging solutions,” said Ken Joyce, Amkor’s president and chief executive officer. “We believe this ruling sets the stage for the ITC to find a statutory violation of the Tariff Act and for the issuance of an exclusion order that would prohibit Carsem from importing its infringing Dual and Quad Flat No-Lead Packages into the United States. In addition, we believe this decision will support our efforts in the corresponding District Court action against Carsem in the Northern District of California where we are seeking an injunction and damages.”
Amkor’s U.S. District Court action in the Northern District of California has been stayed pending resolution of the ITC proceedings. In this action Amkor is seeking to enjoin Carsem from further infringement of patent claims of certain U.S. patents (including U.S. Patent No. 6,433,277), compensatory damages and treble damages due to willful infringement plus interest, costs and attorney’s fees.
About Amkor
Amkor is a leading provider of semiconductor packaging and test services to semiconductor companies and electronics OEMs. More information about Amkor is available from the company’s Securities and Exchange Commission filings and on Amkor’s website: www.amkor.com.
Forward-Looking Statement Disclaimer
This announcement 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 ITC finding a statutory violation of the Tariff Act or the issuance of an exclusion order and statements regarding the
U.S. District Court action against Carsem in the Northern District of California. 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, that there can be no assurance that the ITC will find a statutory violation of the Tariff Act or issue an exclusion order, that Amkor’s technology and patent rights for MicroLeadFrame® packaging solutions will be protected, or that Amkor will be successful in obtaining any of the relief it seeks in the U.S. District Court action against Carsem in the Northern District of California.
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 our Annual Report on Form 10-K for the year ended December 31, 2011, 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 announcement.
Contact:
Amkor Technology, Inc.
Joanne Solomon
Executive Vice President & Chief Financial Officer
480-786-7878
joanne.solomon@amkor.com