Axcelis Clarifies Impact of Court Ruling; Further Court Proceedings to be Scheduled in January.Business Editors/High-Tech Writers BEVERLY, Mass.--(BUSINESS WIRE)--Dec. 17, 2002 Axcelis Technologies, Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :ACLS ACLS abbr. advanced cardiac life support ) noted that the press release issued by Applied Materials, Inc. (NASDAQ:AMAT) earlier today creates a misimpression mis·im·pres·sion n. A faulty or mistaken impression. that the recent claim construction issued by the Federal District Court for the District of Massachusetts resolves Axcelis' pending patent infringement suit against Applied Materials. The claim construction is the Court's interpretation of the meaning of specific elements of Axcelis' patent. It is not a decision on infringement. When the parties return to Court in January, the claim construction will be used to define the infringement issues to be decided by a jury when the case is tried in Federal Court in Boston. Axcelis believes that a jury will conclude that Applied's product infringes on Axcelis' patent. Mary Puma, President and 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 Axcelis stated, "We are surprised by Applied's press release, given the continuing uncertainty for them in this case. We have enough respect for the Court to wait for the infringement issue to be resolved at trial by a jury. We look forward to seeing Applied in Court in January." A copy of the claim construction is available at: http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename= woodlock/pdf/axcelis.pdf (Due to the length of this URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. , it may be necessary to copy and paste To copy files from one location to another or to copy text and images from one document to another. All modern operating systems and applications have a copy and paste capability that is typically selected from an Edit menu. See cut and paste and Win Copy between windows. this hyperlink into your Internet browser's URL address field.) Axcelis filed suit against Applied in January 2001 in the United District Court for the District of Massachusetts. The suit charges that Applied is using Axcelis' patented technology unlawfully and asks the court to put a stop to it and to order Applied to pay money damages to Axcelis. Specifically, Axcelis charges that Applied's medium current/high energy ion implanter machine, known as the 'Swift', infringes an Axcelis patent for ion implantation equipment using radio frequency linear accelerator ("rf LINAC lin·ac n. See linear accelerator. [lin(ear) ac(celerator).] linac Short for linear accelerator. Noun 1. ") technology. About Axcelis Technologies, Inc. Axcelis Technologies, Inc., headquartered in Beverly, Massachusetts, provides innovative, high-productivity solutions for the semiconductor industry. Axcelis is dedicated to developing enabling process applications through the design, manufacture and complete life cycle support of ion implantation, rapid thermal processing Rapid Thermal Processing (or RTP) refers to a semiconductor manufacturing process which heats silicon wafers to high temperatures (up to 1200 C or greater) on a timescale of several seconds or less. , and cleaning and curing systems. Axcelis Technologies has key technology centers in Beverly, Massachusetts, and Rockville, Maryland as well as in Toyo, Japan through its joint venture, SEN. The company's Internet address is: www.axcelis.com. Safe Harbor Statement The statement above on Axcelis' expectation for the outcome of this 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. is a forward-looking statement under the SEC safe harbor provisions. As such, it is subject to various risks and uncertainties, including Court and jury determinations of law and facts. These risks and other risk factors relating to Axcelis are described more fully in the most recent Form 10-Q filed by Axcelis and in other documents filed from time to time with the Securities and Exchange Commission. |
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