Court Grants Nova Stay in Nanometrics Patent Infringement Lawsuit
March 05 2007 - 8:21AM
PR Newswire (US)
REHOVOTH, Israel, March 5 /PRNewswire-FirstCall/ -- Nova Measuring
Instruments Ltd. (NASDAQ:NVMI), provider of leading edge
stand-alone metrology and the market leader of integrated metrology
solutions to the semiconductor process control market, today
announced its motion for a stay in the patent litigation case
brought by Nanometrics Incorporated (NASDAQ: NANO) had been granted
by Judge Saundra Brown Armstrong in the U.S. District Court for the
Northern District of California, pending completion of the
re-examination process of the patent in the lawsuit by the U.S
Patent & Trademark Office. On March 29, 2006, Nova was served
with a complaint alleging that certain of its products sold in the
U.S. infringed U.S. Patent No. Re: 34,783. Nova has consistently
asserted that it believes that none of its products infringe any
intellectual property of Nanometrics and has maintained that it
intends to vigorously and aggressively defend itself in the
litigation. As part of such defense, Nova had filed a request for
re-examination of the Nanometrics' patent with the U.S. Patent
& Trademark Office (PTO). This request for re-examination was
accepted by the PTO for review in December 2006. After reading and
considering the arguments presented by the parties, the Court
granted Nova's motion to stay. Commenting on the lawsuit, Gabi
Seligsohn, President and CEO of Nova noted that "We are pleased by
this ruling and believe that the ultimate outcome of this matter
will demonstrate that Nanometrics' patent is invalid and its claims
are without merit." About Nova Nova Measuring Instruments Ltd.
develops, produces and markets advanced integrated and stand alone
metrology solutions for the semiconductor manufacturing industry.
Nova is traded on the NASDAQ & TASE under the symbol NVMI. The
Company's website is http://www.nova.co.il/. This press release
contains forward-looking statements within the meaning of safe
harbor provisions of the Private Securities Litigation Reform Act
of 1995 relating to future events or our future performance,
including statements relating to the future outcome of a pending
claim. Forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause our actual results,
levels of activity, performance or achievements to be materially
different from any future results, levels of activity, performance
or achievements expressed or implied in those forward-looking
statements. These risks and other factors include but are not
limited to: unexpected developments in our legal matters, our
ability to successfully complete our integration of HyperNex, our
ability to leverage our existing channels to expand into the market
for X-Ray diffraction metrology, changes in customer demands for
our products, new product offerings from our competitors, changes
in or an inability to execute our business strategy, unanticipated
manufacturing or supply problems, changes in tax requirements,
risks related to our intellectual property and changes in customer
demand for our products. We cannot guarantee future results, levels
of activity, performance or achievements. The matters discussed in
this press release also involve risks and uncertainties summarized
under the heading ``Risk Factors' in Nova's Annual Report on Form
20-F for the year ended December 31, 2005 filed with the Securities
and Exchange Commission on June 29, 2006. These factors are updated
from time to time through the filing of reports and registration
statements with the Securities and Exchange Commission. Nova
Measuring Instruments Ltd. does not assume any obligation to update
the forward-looking information contained in this press release.
Company Contact: Dror David, Chief Financial Officer Nova Measuring
Instruments Ltd. Tel: +972-8-938-7505 E-mail:
http://www.nova.co.il/ Investor Relations Contacts: Ehud Helft /
Kenny Green GK Investor Relations Tel: +1-866-704-6710 E-mail:
DATASOURCE: Nova Measuring Instruments Ltd CONTACT: Company
Contact: Dror David, Chief Financial Officer, Nova Measuring
Instruments Ltd., Tel: +972-8-938-7505, E-mail: ,
http://www.nova.co.il/. Investor Relations Contacts: Ehud Helft /
Kenny Green, GK Investor Relations, Tel: +1-866-704-6710, E-mail: ,
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