SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN ISSUER
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the month of August 2004
Commission File Number 1-31994
SEMICONDUCTOR MANUFACTURING INTERNATIONAL CORPORATION
(Translation of Registrant's Name Into English)
18 Zhangjiang Road
Pudong New Area, Shanghai 201203
People's Republic of China
(Address of Principal Executive Offices)
(Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F):
Form 20-F [X] Form 40-F
(Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1)):
Yes [ ] No [X]
(Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7)):
Yes [ ] No [X]
(Indicate by check mark whether the registrant by furnishing the
information contained in this Form is also thereby furnishing the information to
the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of
1934):
Yes [ ] No [X]
(If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-____)
Semiconductor Manufacturing International Corporation (the "Registrant") is
furnishing under the cover of Form 6-K:
Exhibit 99.1: Press release, dated August 25, 2004, relating to complaint filed
by TSMC with the U.S. International Trade Commission alleging
trade secret misappropriation and patent infringement.
SIGNATURE
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, thereunto duly authorized.
Semiconductor Manufacturing
International Corporation
By: /s/ Richard R. Chang
--------------------------------------
Name: Richard R. Chang
Title: Chairman of the Board,
President and Chief Executive
Officer
Date: August 25, 2004
EXHIBIT INDEX
Exhibit Description
------- -----------
Exhibit 99.1: Press release, dated August 25, 2004, relating to complaint filed
by TSMC with the U.S. International Trade Commission alleging
trade secret misappropriation and patent infringement.
SMIC WILL VIGOROUSLY DEFEND AGAINST NEW CLAIMS FROM TSMC AND ADVOCATES FAIR
COMPETITION
Shanghai, China, August 25th, 2004 Taiwan Semiconductor Manufacturing Company
Ltd. ("TSMC") has recently filed a proceeding against Semiconductor
Manufacturing International Corporation (SMIC; NYSE: SMI and HKSE: 981) with the
United States International Trade Commission (the "ITC"). In this ITC
proceeding, TSMC has alleged substantially the same trade secret
misappropriation claims which are currently pending before the California State
Court, and patent infringement claims regarding three patents which are the
subject of a new suit TSMC filed concurrently with the ITC proceeding, against
the Company in the U.S. District Court for the Northern District of California.
As with the previous claims in TSMC's other lawsuits, SMIC is in the process of
conducting an investigation of the new claims and will assess and formulate its
strong defenses to the new claims.
SMIC emphasizes that it respects the intellectual property of others. Given
SMIC's reputable technology partners and customers, and strong experienced
in-house technical team, SMIC's success has been accomplished without the need
to misappropriate any third party's trade secrets.
SMIC welcomes all semiconductor companies including those from Taiwan to jointly
develop the rapidly growing China semiconductor market. Advocating fair and
friendly competition, SMIC is willing to share its China experience.
About SMIC
SMIC is one of the leading semiconductor foundries in the world. As a foundry,
SMIC provides integrated circuit (IC) manufacturing at 0.35-micron to
0.13-micron technologies. Established in April 2000, SMIC, a Cayman Islands
company, operates three 8-inch wafer fabrication facilities in the Zhangjiang
High-Tech Park in Shanghai, and an 8-inch wafer fabrication facility in Tianjin,
China. In addition, SMIC is currently constructing 12-inch wafer fabrication
facilities in Beijing, China. SMIC's Fab 1 was named one of two "Top Fabs of the
Year 2003" by Semiconductor International, a leading industry publication in May
2003. In addition to IC manufacturing, SMIC provides customers with a full range
of services, including design services, mask manufacturing and wafer probe test.
For more information, please visit www.smics.com.
SMIC Contact:
Sarina Huang
SMIC Public Relations
Shanghai, China
+86 21 5080 2000 x 10356
Sarina_Huang@smics.com