Court Denies Summary Judgment of Patent Invalidity; ROMER v. FARO Case Continues to Previously Scheduled Trial of January 2006
November 16 2005 - 3:50PM
PR Newswire (US)
NORTH KINGSTOWN, R.I., Nov. 16 /PRNewswire/ -- At a hearing on
November 14 in ROMER CimCore's ongoing Lawsuit against FARO
Technologies, Inc., Lake Mary, Florida (NASDAQ:FARO), the Court
denied FARO's motion for summary judgment of patent invalidity.
(CimCore Corp., et al. v. Faro Technologies, Inc., Civil Action No.
03-CV-2355 B(WMc)). The Court's decision strengthens the validity
of the patent-in-suit, ROMER's U.S. Patent No. 5,829,148 ("the '148
patent"). The Court also denied FARO's motion for summary judgment
of noninfringement of the '148 patent, consistent with ROMER's
claim that FARO's articulated FaroArms(R) (Platinum, Titanium, and
Advantage), Gage(TM), Gage Plus(TM), ScanArm, Digital Template, and
Control Station infringe ROMER's '148 patent. Finally, the Court
denied ROMER's motion for summary judgment of infringement,
concluding that factual issues existed for the jury to ultimately
consider and decide. The case will now proceed to a jury trial,
scheduled to begin on January 31, 2006, and expected to last
approximately three weeks. "After a day's worth of oral arguments,
the Judge decided to deny Faro's motion for invalidity, as well as
both parties' motions relating to infringement," said Bill Gruber,
President and CEO of Hexagon Metrology North America. "While we're
disappointed that he decided not to rule in our favor on the
summary judgement of infringement issue, we understand the judge's
decision to leave the issue of infringement to the jury. We have a
compelling case to make to the jury. When the jury has the
opportunity to hear all of the facts in this case, we remain
confident of obtaining a permanent injunction and recovering
substantial damages from FARO for its infringement of our patent."
ROMER CimCore Inc. designs and manufactures portable coordinate
measurement machines. The company is a wholly-owned subsidiary of
the Measurement group of Sweden's Hexagon AB (Stockholmsborsen:
HEXA A), the world's largest provider of precision dimensional
measurement hardware and software. http://www.hexagon.se/
DATASOURCE: Hexagon Metrology CONTACT: Bill Fetter of Hexagon
Metrology North America, +1-920-906-7514 Web site:
http://www.hexagon.se/
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