3D SYSTEMS WINS ROUND IN GERMAN PATENT LITIGATION
VALENCIA, Calif., Feb. 13 /PRNewswire/ -- 3D Systems Corporation
(Nasdaq-NNM: TDSC) today announced that a federal court in Munich,
Germany, has ordered Electro Optical Systems GmbH (EOS), a German
competitor, to pay 3D Systems reasonable compensation for infringing a
3D Systems' patent during the two year period ended November 1993.
The court also ruled that EOS had avoided continued infringement of
the patent after November 1993 by redesigning its products. Appeals by
both parties are available, but have not been made as of this date.
The amount of the compensation to be paid 3D Systems has not yet
been determined, but is not expected to be material, according to A.S.
Alpert, 3D Systems vice president and general counsel. Similarly,
claims by both parties for recovery of costs and attorneys fees are not
expected to be material, and may be the subject of additional court
Another 3D Systems German patent right, known as a "utility model,"
remains before the court, Alpert said, and is pending determination of
an appeal of a prior ruling by the German Patent office canceling the
"The utility model has now been supplemented by a new European
patent issued to 3D Systems covering the same technology, which is
effective in Germany and several other European countries." He added
that the new patent, which is expected to be contested by EOS, covers an
essential element of the current EOS product.
3D Systems has additional litigation pending against EOS in France,
and against an EOS customer in Germany. These patent infringement suits
are based on a number of patents, patent applications and utility
models, many of which were not the subject of the Munich litigation, and
which, according to Alpert, cover several additional features of the EOS
product in question.
3D Systems expects to receive two further European patents, which
are not the subject of any of the suits referred to above. These
patents cover support structure designs and exposure techniques, which
are also believed to be utilized by EOS. "We believe these additional
patents will strengthen our protection in Europe with respect to our
technology," Alpert said.
"While we intend to vigorously pursue infringement of our patents,
as appropriate, the issuance of a patent offers no assurance that the
patent can be protected against claims of invalidation or that the
patent cannot be circumvented through careful redesign," he said.
"Furthermore, litigation of patent issues can be costly and time-
As noted above, matters relating to the future outcome of
litigation, their impact on the company and the issuance of new patents
and their effectiveness, are forward-looking statements that involve
risks and uncertainties.
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