To: Patrick Slevin who wrote (13690 ) 5/7/1998 10:47:00 AM From: Andrew Vance Respond to of 17305
*AV*--Funny you should mention SCUD missiles. After the past few days, I am reminding myself of the Russian Computer hacker in "Golden Eye" who thought he was invincible after the installation blew up around him. No sooner did he make that statement then a huge bank of liquid Nitrogen tanks explode and rain down on him. A wise individual wrote me that if it were him, he would take the rest of the week off. I went to the well a few times this week and walked away with buckets of delicious tasting Rocky Mountain Spring water. I have made some other purchases of stock this week that are slightly off in price. I do not think I am going to chance fate anymore this week so for better or worse, I am taking the rest of the week off. I will end with this most recent news release which I believe to be significant since it established legal recourse for CFMT in Japan. IMO it is very difficult to protect US patents in Japan without getting the equivalent Japanese patent.Thursday May 7, 7:30 am Eastern Time Company Press Release SOURCE: CFM Technologies, Inc. CFM Announces Japanese Drying Patent WEST CHESTER, Pa., May 7 /PRNewswire/ -- CFM Technologies, Inc. (Nasdaq: CFMT - news) today announced that the counterpart to the Company's important U.S. patent No. 4,911,761, with claims related to critical surface drying methods, has been allowed by the Japanese patent office and will now proceed to grant as a patent. Consistent with Japanese patent practice, this favorable decision comes following thorough opposition from competitors. ''We have been waiting since 1988 when this patent application was filed to be able to clarify ownership of our technology in this important market for semiconductor manufacturing equipment,'' noted Christopher F. McConnell, Chairman. It is fitting that this Japanese patent should be allowed just as the industry is coming to more fully understand the value of Direct-Displace(TM) drying as covered by our various drying patents.'' The Company, which recently won a judgment against STEAG MicroTech, Inc. for willful infringement of the '761 patent, today also announced that it intends to defend vigorously its existing foreign drying patents from allegations of invalidity made by STEAG MicroTech's parent company, STEAG MicroTech GmbH. STEAG's allegations are similar to those rejected by a jury in the United States District Court for the District of Delaware which found all asserted claims of the '761 patent valid and willfully infringed by STEAG. Based upon this finding, CFM has requested that the court permanently enjoin STEAG from selling or supporting infringing semiconductor wet processing equipment in the United States. Also, as a result of the jury finding STEAG guilty of willful infringement, CFM requested that the court award expanded damages and legal costs, which, in total, could exceed $10 million. ''Industry acceptance of the advantages of our Full Flow(TM) technology has led to increasing efforts by certain competitors to challenge the Company's strong portfolio of patents,'' observed Roger A. Carolin, President and Chief Executive Officer. ''We believe that STEAG, having been defeated once in court, is engaged in an intentional attempt to mislead the marketplace as to the validity of our patents, worldwide. We are determined to support the customers who rely on our technology and protect CFM's intellectual property.'' In a separate matter, Dainippon Screen Manufacturing Co., Ltd. and DNS Electronics, LLC, a competitor to CFM, raised a procedural issue with the U.S. Court of Appeals for the Federal Circuit and gained reinstatement of a lawsuit challenging validity of the '761 patent. This lawsuit was filed prior to the jury verdict finding the '761 patent to be valid on all asserted claims. The appeal court's jurisdictional decision has no bearing on validity of the '761 patent. CFM believes that its patents are valid and that it will prevail in the legal proceedings described above; however, there can be no assurance of such outcomes and an adverse determination in any of these proceedings could have a material adverse effect on the Company. CFM Technologies, Inc. is a leading manufacturer of advanced cleaning equipment for the semiconductor and flat panel display industries. CFM's systems provide superior contamination control and processing capabilities using a totally enclosed processing chamber. Watermarks and other drying defects are eliminated through CFM Direct-Displace(TM) IPA vapor drying technology. CFM historically has developed technical innovations to lower cost of ownership for advanced wet processing systems. SOURCE: CFM Technologies, Inc.