Nova Measuring Instruments Announces Settlement With Nanometrics Terminating all Pending Patent Litigation
April 12 2007 - 7:00PM
PR Newswire (US)
REHOVOTH, Israel, April 12 /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 that it has reached a settlement of all three patent
suits between Nova and Nanometrics Incorporated. During a
settlement conference on April 11, 2007, Nanometrics and Nova
agreed to dismiss, without prejudice, all pending patent litigation
between the two parties, and have further agreed not to file patent
suits against the other for a period of one year. The settlement,
upon court approval, will terminate the three lawsuits pending in
the U.S. District Court for the Northern District of California.
The patent litigation between Nanometrics and Nova Measuring began
in March of 2005, when Nova initiated a suit claiming Nanometrics
infringed on certain integrated metrology products. This case was
scheduled to begin trial on May 29th of this year. A second suit,
initiated by Nanometrics in April of 2006, related to claims of
infringement by Nova of certain UV calibration technology owned by
Nanometrics and is currently on Stay. The third suit, initiated by
Nanometrics in October of 2006, related to certain scatterometry
optical critical dimension technology owned by Nanometrics and was
moving towards trial. "We view this as a positive outcome,"
commented Gabi Seligsohn, President and CEO of Nova. "This
settlement constitutes an important step toward achieving one of
our important goals - moving to profitability. In addition to
eliminating litigation-related expenses, it also removes a major
distraction for the management team. While we were confident in our
position regarding these pending suits, we prefer to focus on
enhancing shareholder value through business growth in the
marketplace rather than the courtroom." 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, such as statements regarding
expected profitability. 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: our dependency on a single integrated
process control product line; the highly cyclical nature of the
markets we target; our inability to reduce spending during a
slowdown in the semiconductor industry; our ability to respond
effectively on a timely basis to rapid technological changes; risks
associated with our dependence on a single manufacturing facility;
our ability to expand our manufacturing capacity or marketing
efforts to support our future growth; our dependency on a small
number of large customers and small number of suppliers; risks
related to our intellectual property; 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; changes in customer demand for our products and risks
related to our operations in Israel. 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: Investor
relations Contacts: Dror David, Chief Financial Officer Ehud Helft
/ Kenny Green Nova Measuring Instruments Ltd. GK International
Investor Relations Tel: +972-8-938-7505 Tel: +1-866-704-6710
E-mail: E-mail : http://www.nova.co.il/ DATASOURCE: Nova Measuring
Instruments Ltd CONTACT: Company Contact: Dror David, Chief
Financial Officer, Nova Measuring Instruments Ltd., Tel:
+972-8-938-7505, E-mail: , Investor relations Contacts: Ehud Helft
/ Kenny Green, GK International Investor Relations, Tel:
+1-866-704-6710, E-mail :
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