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North Kingstown, Rhode Island, January 6, 2006
- ROMER, a Hexagon Metrology company, has received notice from the U.S.
Patent and Trademark Office that the validity of its U.S. Patent No.
5,829,148 (“the ‘148 patent”) has been confirmed on all claims.
On September
9, 2004, the Patent Office agreed to conduct a re-examination of the
patent at the request of FARO Technologies, Inc., Lake Mary, FL
(NASDAQ: FARO). The ‘148 patent is the subject of an ongoing patent
infringement lawsuit in federal court in San Diego, CA ( Corp., et al.
v. Faro Technologies, Inc., Civil Action No. 03-CV-2355 B(WMc)),
scheduled for trial on January 31, 2006.
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“This recent
decision from the U.S. Patent Office strengthens our conviction that
the ‘148 patent is valid, and this lawsuit is an entirely legitimate
response to FARO’s ongoing infringement of our patented technology,”
stated Bill Gruber, President and CEO of Hexagon Metrology (North
America). “In the opinion of the Patent Office, FARO’s arguments for
patent invalidity were inadequate to invalidate any of the claims of
the ‘148 patent. These are the same arguments for invalidity that FARO
has presented to the U.S. District Court.”
A second
request for re-examination of the ‘148 patent was also filed by FARO on
September 15, 2005, and was recently accepted by the U.S. Patent
Office. “FARO’s second request for re-examination is very similar to
the first one, which was not successful,” continued Gruber. “The Patent
Office’s decision has further strengthened our case, and FARO’s
continued delaying tactics will not deter us from seeking a final
vindication at trial. We remain confident that ROMER will obtain a
permanent injunction and recover substantial damages as a result of
FARO's infringement of our patented technology.” The two companies are
the largest manufacturers of "portable arm" measurement devices, which
are used by engineers to design and inspect a variety of manufactured
products. These portable CMM products represent both companies' primary
line of business. FARO has been making and selling the accused products
for several years.
ROMER
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/
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