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Technology Stocks : GSCN - General Scanning -- Ignore unavailable to you. Want to Upgrade?


To: Thomas C. Donald who wrote (70)1/27/1998 4:52:00 PM
From: Thomas C. Donald  Read Replies (1) | Respond to of 167
 
GSCN's description of the same events described by ROBV in the previous post:

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WATERTOWN, Mass., Jan. 27 /PRNewswire/ -- General Scanning Inc. (NASDAQ:GSCN) today announced that the trial on the claims raised by Robotic Vision Systems Inc. (NASDAQ:ROBV) in connection with General Scanning's acquisition of View Engineering Inc. in August of 1996 has been set to begin on May 4, 1998 in the U.S. District Court for the Eastern District of New York.

In addition to setting a trial date, the court allowed RVSI's recent motion to reconsider the prior dismissal of its claim alleging tortious interference with prospective advantageous relations with View, finding that such a claim is best determined at trial, as opposed to in pretrial proceedings.

In a summary judgment decision issued in September 1997, General Scanning succeeded in dismissing a substantial portion of RVSI's complaint, including claims for: (i) breach of contract, (ii) breach of the implied covenant of good faith and fair dealing and (iii) violations under the Massachusetts Unfair and Deceptive Business Practices Statute, M.G.L.c.93A, 2&11. Under the latter statute, RVSI was seeking treble damages and attorneys' fees. With respect to the remaining counts sounding in fraud, unfair competition, and tortious interference, the Court has found only that those claims, if viewed in the requisite light most favorable to the plaintiff, the non-movant [RVSI], prevented a dismissal of those claims in a pre-trial proceeding.

General Scanning acquired View in August 1996 in consideration of approximately 1.4 million shares of the Company's Common Stock valued at approximately $20 million at closing.

Previously, beginning in 1995, RVSI sued View for patent infringement in three separate suits relating to ten different patents. Subsequently, RVSI voluntarily withdrew its claims relating to five of these patents. In 1996, View was granted summary judgment with respect to three of the patent claims and was also awarded substantial costs and attorney fees under Rule 11. In July 1997, the summary judgment decision was upheld and affirmed by the United States Court of Appeals for the Federal Circuit in favor of View. Only two of the original patents at issue remain. Finally, General Scanning intends to vigorously pursue the collection of all Rule 11 sanctions awarded to View by the District Court in the earlier patent suit.