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Genus Scores Victory in Lawsuit
with ASMI
Genus Does Not Infringe on ALD
Related Patents Says Federal Court In San Francisco
SUNNYVALE, Calif. - January 17, 2003 - Atomic Layer
Deposition (ALD) leader Genus, Inc. (NASDAQ: GGNS) today announced
a significant victory in its patent dispute with Dutch semiconductor
equipment maker ASM International (ASMI). In an order filed January
10, 2003, the Federal District Court in San Francisco declared that
Genus does not infringe U.S. Patent No. 6,015,590, which relates
to ALD.
In combination with another order issued November
20, 2002 the court also declared that Genus does not infringe U.S.
Patent No. 5,916,365. As a result of these developments, the Court
now has ruled that Genus does not infringe on either of the ALD-related
patents asserted against it by ASMI in the complaint dated June
6, 2001.
The patent dispute between Genus and ASMI also
involves Genus' claim that ASMI infringes U.S. Patent No. 5,294,568,
entitled "Method of Selective Etching Native Oxide," and ASMI's
claim that Genus infringes U.S. Patent No. 4,798,165, entitled "Apparatus
for Chemical Vapor Deposition (CVD), using an axially symmetric
gas flow." These additional claims remain a subject of the litigation
pending resolution. "We have consistently maintained that Genus
does not infringe ASMI's ALD patents, and we are pleased to have
been vindicated by the court," said Genus CEO, William Elder. "We
also feel that this ruling clears the way for our counter-suit based
on the '568 patent, which we believe to be infringed by the HF Vapor
Clean module sold by ASMI with its Polygon tool."
Werner Rust, Genus' vice president of sales and
marketing commented, "The TFH business has been very good for Genus.
Not only is it a valuable source of income for the company when
other markets are down, but it also has given us a unique opportunity
to hone our skills in a production environment. In return, and with
our support, our TFH customers have extended their current manufacturing
process beyond what was possible with other deposition techniques,
in addition to experiencing greater yields at a lower cost of ownership."
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 microcomputer chips and electronic
storage devices, Genus offers its LYNX and StrataGem series of 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, 2002 and subsequent
quarterly reports on Form 10-Q filed with the Securities and Exchange
Commission.
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PRESS
CONTACT:
Stew Chalmers
Positio Public Relations, Inc.
Tel: (650) 815-1006
Fax: (408) 747-7199
Email: stew@positiopr.com
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COMPANY CONTACT:
Werner Rust
Genus, Inc
Tel: (408) 747-7140
Emal: smukherjee@genus.com
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