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Baker Botts Achieves Favorable ITC Final Determination for CMC Materials


CMC Materials, Inc. (Nasdaq: CCMP) (“CMC”), a leading global supplier of consumable materials primarily to semiconductor manufacturers, last night announced that the company won a resounding legal victory in its United States International Trade Commission (ITC) case against DuPont de Nemours, Inc. and several DuPont subsidiaries (collectively, “DuPont”). The ITC issued a Final Determination that found that DuPont is unlawfully importing, selling, and marketing in the United States certain chemical mechanical planarization (“CMP”) slurries and components thereof that infringe a ground-breaking patent owned by CMC that is fundamental to advanced dielectric CMP slurries. 

“We are proud to have teamed with CMC to obtain a favorable ITC final determination in this competitor patent infringement case involving cutting edge CMP technology,” said Baker Botts partner and IP Department Chair Rob Scheinfeld. “This is a shining example of how we are able to help our innovative and forward-thinking clients protect and enforce their core intellectual property.” 

CMC filed its complaint in June 2020, trial took place in February 2021, the Initial Determination issued in July 2021, and the Final Determination issued just yesterday.

The Baker Botts team includes partners Rob Scheinfeld and Rob Maier in New York, partners Lisa Kattan, Katharine Burke and special counsel Tommy Martin in Washington, D.C., senior associates Margaret Welsh in New York and Samuel Kassa in Washington, D.C., associates Frank Zhu and David Bailey in New York and Eileen Hyde in Washington, D.C., and senior paralegal Steve Liquori in New York.

A link to CMC Materials’ announcement can be found here

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

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