I think some momentum guys deciding to take profits before next semi earning warnings start. ooops I said it too late. intc just warned. in their last cc, gscn doesn't see the asia to be a problem.
may be upcoming legal dates causing some stir. some of the legal battles these guys are looking at (from the recent10K)
ITEM 3. LEGAL PROCEEDINGS
View Engineering v. Robotic Vision Systems, Inc. USDC Case No. 95-1882. On or about March 24, 1995, View Engineering, Inc. ("View") filed a complaint against Robotic Vision Systems, Inc. ("RVSI") seeking declaratory relief that (i) U.S. Patent No. 4,328,147 (" '147") held by RVSI was invalid and (ii) View had not infringed this patent. RVSI counterclaimed against View for alleged trade libel and patent infringement on the "147 patent and on seven additional patents, seeking a judgment that View had infringed upon one or more claims of each of the eight patents. After View challenged the merits of RVSI's case, RVSI dropped its infringement claims involving five of the eight patents and did not pursue the claim of trade libel. In June, 1996, the Federal District Court granted View a summary judgment on non-infringement with respect to the three remaining patents and granted, in part, its motion for reimbursement of
attorneys' fees under Rule 11. The summary judgment and the Rule 11 sanctions were appealed by RVSI. In July 1997, the summary judgment in favor of View was upheld and affirmed by the United States Court of Appeals for the Federal Circuit. The Rule 11 sanctions were remanded back to the District Court to determine the amount of fees due to View.
Robotic Vision Systems, Inc. v. View Engineering, Inc. USDC Case No. 95- 7441. On or about October 31, 1995, RVSI filed a complaint for patent infringement against View alleging infringement of U.S. Patent No. 5,463,227 and seeking damages allegedly caused by View's infringement. RVSI's requests for a temporary restraining order and a preliminary injunction were denied. In March 1996, View obtained a summary judgment on the first of RVSI's claims; and RVSI has dismissed the other claims. RVSI appealed the summary judgment. In April 1997, the United States Court of Appeals for the Federal Circuit returned the issue to the District Court for further discovery. A trial date has been set for August 3, 1998.
Robotic Vision Systems, Inc. v. View Engineering Inc. USDC Case No. 96-2288. On or about April 1, 1996, RVSI filed a complaint for patent infringement against View alleging infringement of U.S. Patent No. 5,465,152. During 1997, View was denied its motion for summary judgment for noninfringement and for invalidity. A trial commenced in December 1997 and concluded in January 1998. A briefing schedule has been set, and final arguments are scheduled for March 30, 1998.
Robotic Vision Systems, Inc. v. General Scanning Inc. USDC Case No. 96- 3884. On or about August 5, 1996, RVSI filed an action aiming that the Company improperly obtained proprietary information from RVSI for the purpose of acquiring View and thwarting RVSI's attempts to acquire View. RVSI is seeking compensatory and punitive damages in an unspecified amount. In September 1997, the United States District Court for the Eastern District of New York, pursuant to a motion for summary judgment filed by General Scanning, dismissed four of RVSI's six claims. In January 1998, the District Court, responding to a motion by RVSI, readmitted one of the claims originally dismissed in the summary judgment. A trial is scheduled for May 4, 1998.
Electro Scientific Industries, Inc. v. General Scanning Inc. USDC Case No. C-96-04628. On or about December 26, 1996, Electro Scientific Industries, Inc. ("Electro Scientific") filed a complaint for patent infringement against the Company alleging infringement of U.S. Patent Nos. 5,265,114 and 5,473,624. Electro Scientific is seeking temporary and permanent restraining orders, compensatory and punitive damages in an unspecified amount, and attorneys' fees, costs and disbursements. The Company has filed an answer and
counterclaim to this complaint. In November 1997, the Company filed a motion for summary judgment on the grounds that the patents are invalid. A hearing is scheduled for February 24, 1998.
General Scanning Inc. v. Voxel Pursuant to the dispute resolution provision of a development agreement between Voxel and the Company, General Scanning is seeking through binding arbitration recovery of monies for work performed as well as lost profits on future production. Voxel counterclaimed seeking recovery of lost profits. The arbitration hearing was concluded in January 1998. Following post trial submissions, a decision is expected in the spring of 1998.
The Company believes that RVSI's, Electro Scientific's and Voxel's claims in each of the above actions are without merit and the Company is vigorously defending these precedings. However, if RVSI, Electro Scientific or Voxel prevails on one or more of its claims, there could be a material adverse effect on the Company's business, financial condition or operating results.
The Company is routinely involved in litigation incidental to its business, although the Company is not aware of any other pending litigation which, if adversely determined, could materially and adversely affect its business
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