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3D EXEC SAYS COURT DAMAGES WON'T BE LARGE.


Byline: Nicholas Grudin Staff Writer

VALENCIA - The chief executive of 3D Systems Corp. said Monday that damages resulting from a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  lawsuit against the company will not amount to as much as the plaintiff has asserted.

The ``solid imaging'' company, which manufactures machines that create solid models out of computer images, was sued by EOS Eos (ē`ŏs), in Greek religion and mythology, goddess of dawn; daughter of the Titans Hyperion and Theia. Every morning she arose early and preceded her brother Helios into the heavens.  GmbH, a German company, for infringing on patent rights.

``Over the past few weeks, we have received a number of inquiries about the effect of the recent rulings by the Federal District Court in Orange County,'' said Chuck Hull, 3D Systems co-founder and interim chief executive officer.

``We believe the magnitude of damages claimed by EOS in recent communications are highly exaggerated and not likely to be awarded.''

In August, the U.S. District Court ruled that the Sinterstation and Vanguard laser sintering Building prototypes and finished parts in a machine from powdered thermoplastics and metals that are cured by heat from a laser. From CAD drawings that have been cross sectioned into thousands of layers, the machine builds up the part by curing one layer at a time.  systems sold by DTM DTM

dermatophyte test medium.
 Corp. infringe on patent rights held by EOS. 3D Systems owns DTM and is liable for any damages resulting from the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
.

Munich-based EOS has estimated that damages for the infringement amount to at least $40 million and asserts that DTM's infringement was willful Intentional; not accidental; voluntary; designed.

There is no precise definition of the term willful because its meaning largely depends on the context in which it appears.
.

``The infringement ruling should be no surprise to 3D Systems, as it simply confirms what they told us in writing when we were negotiating the license agreement. ... With these new rulings it is very clear who is infringing whose patent rights,'' said Hans Langer, the CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  of EOS.

3D's latest turbulence comes on the heels of several months of drama at the Valencia-based company.

Last month, Brian K. Service resigned after nearly four years as president and CEO of the $102 million Valencia-based company.

In April, 3D Systems ousted James Selzer as chief financial officer, and in May the company demoted Grant Flaharty from the chief operating officer's role. The executive exodus was the result of February revelations that $3 million in earnings was misreported as revenue for 2002 instead of 2003. Without those earnings, the company failed to turn a profit in 2002.
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Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Geographic Code:4EUGE
Date:Sep 16, 2003
Words:331
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