BMC Industries Initiates Arbitration Against China-based Licensees.Business Editors MINNEAPOLIS--(BUSINESS WIRE)--Aug. 28, 2002 Initial filing alleges numerous contract and license violations, comes after favorable settlement in related case BMC (BMC Software, Inc., Houston, TX, www.bmc.com) A leading supplier of software that supports and improves the availability, performance, and recovery of applications in complex computing environments. Industries, Inc. (NYSE NYSE See: New York Stock Exchange :BMM BMM Baptist Mid Missions BMm Bachelor of Multimedia BMM Bachelor of Mass Media BMM Borrowed Military Manpower BMM Brigade Mixte Mobile (Mixed Mobile Brigade, Cameroon) BMM Broadcast-Based Multimedia BMM Bit Map Memory ) today announced it has initiated arbitration proceedings in the Arbitration Institute of the Stockholm Chamber of Commerce against China-based China National Electronics Import and Export Corp. (CEIEC) and Yantai Zhenghai Electronic Shadow Mask A thin screen full of holes that adheres to the back of a color CRT's viewing glass. The electron beam is aimed through the holes in the mask onto the phosphor dots. There are generally more holes per inch than the maximum resolution obtainable from that monitor. See slot mask. Co., Ltd. (Yantai). BMC seeks monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both. and injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. for alleged violations by Yantai of multiple terms of a license agreement between CEIEC, Yantai and BMC's Buckbee-Mears Group. As part of an agreement in the early 1990's, BMC sold an aperture mask line and granted a non-exclusive license to proprietary process and patent technology to CEIEC and Yantai for use in manufacturing aperture masks in China. Under terms of the agreement, Yantai is required to pay a royalty to BMC for all mask sales and is subject to a prohibition on mask sales into certain countries outside China and restrictions on mask sales into other countries. BMC states in its initial filing that Yantai has violated several key provisions of their agreement by failing to make any royalty payment on mask sales since the royalty period began in January 1996, producing additional lines by reverse engineering of BMC's proprietary technology and selling masks outside China in direct violation of its license. "We're optimistic of a positive outcome in the Yantai case, which is the second phase of a three-part initiative aimed at recovering past and preventing future damages from the unauthorized use and sale of our proprietary technologies," said Douglas C. Hepper, Chairman and Chief Executive Officer of BMC Industries. BMC's action against CEIEC and Yantai follows shortly after the Company's favorable settlement of 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. against a German company for its unauthorized use of BMC proprietary technology in mask production equipment that was sold to a party in China. BMC's six-year pursuit of these claims ultimately succeeded in obtaining a monetary award for past damages, recognition of the proprietary nature of BMC technology and a court mandated damage award in the event of any future infringement. "We are very pleased with the court-initiated settlement of the German case because it sends a clear message to those in our industries who might otherwise seek gain from our efforts that we can and will protect our proprietary technology," Hepper said. "We have invested heavily in research and development and we are committed to protecting that investment both in the United States and abroad." BMC Industries, Inc., founded in 1907, is comprised of two business segments: Buckbee-Mears and Optical Products. The Buckbee-Mears group offers a range of services and manufacturing capabilities to meet the most demanding precision metal manufacturing needs. The group is a leading producer of a variety of precision photo-etched and electroformed components that require fine features and tight tolerances. The group is also the only North American North American named after North America. North American blastomycosis see North American blastomycosis. North American cattle tick see boophilusannulatus. manufacturer of aperture masks, a key component in color television picture tubes. The Optical Products group, operating under the Vision-Ease Lens trade name, is a leading designer, manufacturer and distributor of polycarbonate A category of plastic materials used to make a myriad of products, including CDs and CD-ROMs. , glass and plastic eyewear lenses. Vision-Ease Lens is a technology and market share leader in the polycarbonate lens segment of the market. Polycarbonate lenses are thinner and lighter than lenses made of other materials, while providing inherent ultraviolet (UV) filtering and impact resistant characteristics. BMC Industries is traded on the New York Stock Exchange New York Stock Exchange (NYSE) World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City. under the ticker symbol Ticker Symbol An arrangement of characters (usually letters) representing a particular security listed on an exchange or otherwise traded publicly. When a company issues securities to the public marketplace, it selects an available ticker symbol for its securities which investors "BMM." For more information about BMC, visit the company's Web site at www.bmcind.com. Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. for Forward-Looking Statements This news release contains various "Forward-Looking Statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 that are intended to be covered by the safe harbors created thereby. Statements made in this news release that are not statements of historical facts, including statements regarding future performance, are Forward-Looking Statements. Forward-Looking Statements may be identified by the use of words such as "anticipates", "estimates", "expects", "forecasts", "projects", "intends", "plans", "predicts", and similar expressions. Forward-Looking Statements are subject to a number of risks and uncertainties that could cause actual results or outcomes to differ materially from those projected, including, among others, general competitive factors, the company's ability to successfully develop new products and successfully protect its technology from unauthorized use by others, ability to complete and integrate its acquisitions and to implement operational improvements in its acquired businesses, the episodic nature of the company's business and the effect on operations of the costs to protect the Company's technology, in particular the cost of extensive litigation. Certain of these and other risks and uncertainties are discussed in further detail in BMC's Annual Report and Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the year ended December 31, 2001 and other documents filed and to be filed with the Securities and Exchange Commission. |
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