FARO to Aggressively Pursue Options Following District Court Ruling for Cimcore
July 12 2005 - 6:01PM
PR Newswire (US)
FARO to Aggressively Pursue Options Following District Court Ruling
for Cimcore LAKE MARY, Fla., July 12 /PRNewswire-FirstCall/ -- FARO
Technologies, Inc. (NASDAQ:FARO) today announced that the Federal
District Court for the Southern District of California in the
action entitled "Cimcore Corporation et al v. FARO Technologies,
Inc." (Civil Action No. 03CV2355B) issued an order granting the
Plaintiff's Motion for Summary Judgment of Infringement. This order
finds that FARO has infringed certain claims (which apply to only
minor features of the FARO Arm) of U.S. Patent 5,829,148 ('148
patent) and stems from a patent infringement suit filed November
25, 2003, by Cimcore -- Romer against FARO. In that lawsuit, FARO
has claimed that it does not infringe the '148 patent and that the
'148 patent is invalid. (Logo:
http://www.newscom.com/cgi-bin/prnh/20000522/FLM035LOGO ) The
District Court has not yet ruled on FARO's allegation that the '148
patent is invalid. In addition, the U.S. Patent and Trademark
Office ("PTO") has granted FARO's request that the '148 patent be
reexamined based on what FARO considers to be invalidating prior
art. In the event that either the District Court or the PTO rules
that the '148 patent is invalid, then there can be no liability by
FARO for patent infringement. FARO is disappointed in the Court's
ruling and continues to believe that certain minor features of its
line of CMM arms do not infringe the '148 patent. Simon Raab,
FARO's CEO, emphasized that "FARO will continue to vigorously
litigate this case with respect to both the invalidity of the '148
patent and, if necessary, file an appropriate appeal to the Federal
Circuit." This press release contains forward-looking statements
(within the meaning of the Private Securities Litigation Reform Act
of 1995) that are subject to risks and uncertainties, such as
statements about our plans, objectives, projections, expectations,
assumptions, strategies, or future events. Statements that are not
historical facts or that describe the Company's plans, objectives,
projections, expectations, assumptions, strategies, or goals are
forward-looking statements. In addition, words such as "may,"
"believes," "anticipates," "expects," "intends," "plans," "seeks,"
"estimates," "will," "should," "could," "projects," "forecast,"
"target," "goal," and similar expressions or discussions of our
strategy or other intentions identify forward-looking statements.
Other written or oral statements, which constitute forward-looking
statements, also may be made by the Company from time to time.
Forward-looking statements are not guarantees of future performance
and are subject to various known and unknown risks, uncertainties,
and other factors that may cause actual results, performances, or
achievements to differ materially from future results,
performances, or achievements expressed or implied by such
forward-looking statements. Consequently, undue reliance should not
be placed on these forward-looking statements. A factor that could
cause actual results to differ materially from what is expressed or
forecasted in forward-looking statements includes, but is not
limited to: * Our inability to overturn the announced ruling either
on appeal or by invalidating the '148 patent About FARO: FARO
Technologies, Inc. (NASDAQ:FARO) and its international subsidiaries
design, develop, and market software and portable, computerized
measurement devices. The Company's products allow manufacturers to
perform three- dimensional inspections of parts and assemblies on
the shop floor. This helps eliminate manufacturing errors, and
thereby increases productivity and profitability for a variety of
industries in FARO's worldwide customer base. Principal products
include the FARO Gage and Gage-Plus(TM), Platinum and Titanium
model FARO Arms(R), SI and X model FARO Laser Trackers(R) , Laser
Scanner LS and a CAM2(R) family of advanced CAD-based measurement
and reporting software. FARO Technologies is ISO 9001 certified and
Guide 25 approved. Learn more at http://www.faro.com/ .
http://www.newscom.com/cgi-bin/prnh/20000522/FLM035LOGO
http://photoarchive.ap.org/ DATASOURCE: FARO Technologies, Inc.
CONTACT: Greg Fraser, EVP, FARO Technologies, Inc.,
+1-407-333-9911; or Vic Allgeier, The TTC Group, +1-212-227-0997,
for FARO Technologies, Inc. Web site: http://www.faro.com/
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