ROMER CimCore Obtains Summary Judgment of Patent Infringement Against FARO in Federal District Court
July 19 2005 - 5:54PM
PR Newswire (US)
ROMER CimCore Obtains Summary Judgment of Patent Infringement
Against FARO in Federal District Court ROMER Seeking Injunction
Against FARO Products NORTH KINGSTOWN, R.I., July 19 /PRNewswire/
-- ROMER(R) CimCore(R), a Hexagon Metrology(TM) company,
successfully obtained summary judgment of patent infringement
against FARO Technologies, Inc., Lake Mary, Florida (NASDAQ:FARO).
In its decision dated July 11, 2005, the United States District
Court for the Southern District of California found that FARO's
articulated FaroArms(R) infringe each of claims 1, 2, & 3 of
ROMER's U.S. Patent No. 5,829,148, issued on November 3, 1998 to
Homer Eaton. (CimCore Corp., et al. v. Faro Technologies, Inc.,
Civil Action No. 03-CV-2355 B(WMc)). The Court also denied FARO's
cross motion for summary judgment of noninfringement. This ruling
is the latest major victory for ROMER in this case. In November of
2004, during the pretrial "Markman" hearing, the District Court
adopted a claim construction consistent with ROMER's position,
paving the way for the ruling of infringement by FARO. In addition
to seeking damages resulting from FARO's past and present patent
infringement, ROMER is also pursuing an injunction against FARO's
infringing FaroArm(R) products. Not only does the FaroArm(R)
infringe Romer's patent, but ROMER has recently learned that the
FARO Gage(TM) and FARO Gage Plus(TM) products also incorporate
ROMER's patented infinite rotation technology. ROMER has added
these additional products to the pending case and will also seek
damages and an injunction regarding FARO's manufacture, use, and
sale of these products. 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 CMM products represent both companies' primary line
of business. FARO has been making and selling the infringing
FaroArm(R) for several years. In the patent infringement suit,
ROMER accuses FARO of infringing ROMER's U.S. Patent No. 5,829,148,
which claims a coordinate measurement machine (or "CMM") having
infinite rotation in each of its three swiveling joints. The
infinite rotation of the joints allows them to swivel endlessly
without ever encountering a stopping point. CMMs without ROMER's
patented infinite rotation technology eventually encounter a hard
stop and must be "unwound." Infinite rotation is a significant
advantage on a manual device such as a CMM - allowing better
accessibility to measurement locations and never requiring the user
to stop and "unwind" the arm. Earlier settlement talks between
ROMER and FARO have failed to result in any agreement. A jury trial
is scheduled to commence on November 22, 2005. ROMER will
thereafter be entitled to a permanent injunction preventing FARO
from selling its infringing products, unless FARO succeeds in
invalidating the patent. ROMER has not ruled out the possibility of
seeking a preliminary injunction against FARO in order to protect
ROMER's right to the exclusive use of this valuable patented
technology pending trial. William Gruber, Hexagon Metrology North
America's President, stated that, "ROMER has now prevailed on its
infringement case. We are confident that ROMER will obtain an
injunction and recover substantial damages as a result of FARO's
infringement of our patented technology, despite FARO's attempt to
delay the resolution of this matter by involving the U.S. Patent
Office in a re-examination of the 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/ Romer, CimCore and Hexagon
Metrology are Trademarks of Hexagon AB and its subsidiaries.
FaroArm is a Trademark of Faro Technologies, Inc. DATASOURCE:
Hexagon Metrology North America CONTACT: Media, Bill Fetter of
Hexagon Metrology North America, +1-920-906-7514 Web site:
http://www.hexagon.se/
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