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Genus Settles Lawsuit with ASM
on Favorable Terms
Sunnyvale, Calif.-April 11th, 2003-Genus,
Inc. (Nasdaq: GGNS) announced today that it has settled its lawsuit
with ASM International (Nasdaq: ASMI) et al ("ASM") on favorable
terms. This settlement follows the judgments of non-infringement
Genus obtained regarding U.S. Patent Nos. 6,015,590 and 5,916,365,
which relate to atomic layer deposition ("the ALD patents").
Under the terms of the agreement, Genus has gained
a royalty-free license for all conduct past, present and future
to each of the patents ASM asserted in the litigation, including
both ALD patents as well as ASM's U.S. Patent No. 4,798,165. By
specific agreement of the parties, these licenses are applicable
to Genus' successors and affiliates. Genus has likewise obtained
a covenant from ASM that it will not sue Genus for patent infringement
or antitrust violations for the next five years.
In return, Genus has granted ASM and its successors
and affiliates a royalty-free license to the patent Genus asserted
in the litigation, U.S. Patent No. 5,294,568, and has agreed to
dismiss its antitrust claims against ASM. Genus has also agreed
not to sue ASM for patent infringement or antitrust violations for
the next five years.
No payments have been made by either Genus or ASM
in exchange for these licenses and the covenant not to sue. However,
under the terms of the agreement, ASM has the right to pursue an
appeal of the District Court's judgments of non-infringement regarding
the ALD patents. The agreement specifies that if the Federal Circuit
vacates either of the existing judgments related to the ALD patents
based on a change in the District Court's claim construction, Genus
will pay ASM $1 million for the royalty-free licenses to the ALD
patents it has been granted under the agreement. Otherwise, Genus
will pay nothing for these licenses.
Bill Elder, Genus's CEO, commented, "I am pleased that we were able
to reach this resolution of our dispute with ASM. The agreement
gives Genus royalty-free licenses to what ASM's Chief Executive
Officer has described as its 'pioneering ALD patents,' and validates
our previous statements about the strength of our litigation position."
About ASM
ASM International N.V. is headquartered in Bilthoven, the Netherlands.
ASM International is a global company, serving one of the most important
and demanding industries in the world. The Company possesses a strong
technological base, state-of-the-art manufacturing facilities, a
competent and qualified workforce and a highly trained, strategically
distributed support network. ASM International's subsidiaries design
and manufacture equipment and materials used to produce semiconductor
devices. ASM International and its subsidiaries provide production
solutions for wafer processing, assembly and packaging through their
facilities in the United States, Europe, Japan and Asia. ASM International's
common stock shares trade on Nasdaq (symbol ASMI) and the Euronext
Stock Exchange in Amsterdam (symbol ASM). For more information,
visit ASM's web site at http://www.asm.com
About Genus
Genus, Inc. manufactures critical deposition processing products
for the global semiconductor industry and the data storage industry.
To enable the production of intricate micro-computer chips and electronic
storage devices, Genus offers its LYNX and StrataGem series production-proven
equipment for 200mm and 300mm semiconductor production, and offers
thin film deposition products for chemical vapor deposition (CVD),
atomic layer deposition (ALD), and pre-clean capabilities. Genus
is at the forefront of market and technology developments in the
ALD marketplace, which is gaining acceptance worldwide as a critical
technology for sub 0.13-micron production of computer chips and
electronic storage devices. Genus' customers include semiconductor
manufacturers located throughout the United States, Europe and the
Pacific Rim including Korea, Japan and Taiwan. Founded in 1981,
the company is headquartered in Sunnyvale, California. For additional
information visit Genus' web site at www.genus.com
NOTE: LYNX2®, LYNX3™
and StrataGem™ are trademarks of Genus, Inc
Forward-Looking Statements
This press release contains forward-looking statements regarding
the company's future financial and business performance. These forward-looking
statements are subject to a number of risks and uncertainties. These
contingencies include but are not limited to: actual customer orders
received by the company, the extent to which ALD technology is demanded
by the marketplace, the actual number of customer orders received
by the company, availability of components from suppliers, the timing
of final acceptance of products by customers, the financial climate,
accessibility to financing and fulfillment of closing conditions,
general conditions in the thin film equipment market and in the
macro-economy, and the influence of global political events. Genus
assumes no obligation to update this information. Additional risks
and uncertainties are discussed in the Management's Discussion and
Analysis of Results of Operations contained in Genus' Annual Report
on Form 10-K for the fiscal year ended December 31, 2001 and subsequent
quarterly reports on Form 10-Q filed with the Securities and Exchange
Commission.
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PRESS
CONTACT:
Dave Richardson
Positio Public Relations, Inc.
Tel: (650) 815-1006 Ext. 108
Fax: (408) 747-7199
Email: dave@positiopr.com
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COMPANY CONTACT:
Eddie Lee
Genus, Inc
Tel: (408) 747-7140
Emal: elee@genus.com
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