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Court Denies Summary Judgment of Patent Invalidity PDF Print E-mail

North Kingstown, Rhode Island, November 16, 2005 - At a hearing on November 14 in ROMER’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® (Platinum, Titanium, and Advantage), Gage™, Gage Plus™, 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.”

 
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