FARO Responds to Hexagon Press Release

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LAKE MARY, Fla., Jan. 6 /PRNewswire-FirstCall/ -- Faro Technologies, Inc. (Nasdaq: FARO) announced today that it has no choice but to once again respond to what it believes to be another mischaracterization by Hexagon of events relating to a patent infringement suit involving U.S. Patent No. 5,829,148 ('148 patent) held by Hexagon's Romer CimCore subsidiary.

Faro had earlier filed two separate requests for reexamination in the U.S. Patent and Trademark Office ("PTO"). The PTO recently ruled in the first reexamination. Faro believes that this ruling bolsters its previous position that Faro does not infringe the '148 patent. More specifically, in the first reexamination, the PTO construed critical claim terms in a relatively narrow manner, which is consistent with Faro's stated positions in the patent litigation. This narrow claim construction led the PTO to differentiate the claims for the references at issue in the first reexamination. Faro strongly believes that this narrow construction, while allowing the '148 claims to be confirmed valid over the aforementioned references in the first reexamination, will prevent the California District Court from ruling that Faro's products infringe the '148 claims.

In addition, contrary to the misleading statement in the press release issued by Hexagon earlier today, the second reexamination proceeding is based on a distinctly different prior art reference (which was not at issue in the first reexamination proceeding). As a result, Faro's second reexamination request is not "very similar" to the first reexamination and Faro believes that the PTO's ruling in the first request is, therefore, irrelevant to the new issues raised by the second reexamination request.

About FARO

With nearly 8,500 installations and 3,800 customers globally, FARO Technologies, Inc. (Nasdaq: FARO) and its international subsidiaries design, develop, and market software and portable, computerized measurement devices. The Company's products allow manufacturers to perform 3D inspections of parts and assemblies on the shop floor. This helps eliminate manufacturing errors, and thereby increases productivity and profitability for a variety of industries in FARO's worldwide customer base. Principal products include the FARO Laser ScanArm; FARO Laser Scanner LS; FARO Gage and Gage-PLUS; Platinum, Digital Template, Titanium, Advantage FAROArms; the FARO Laser Tracker X and Xi; and the CAM2 family of advanced CAD-based measurement and reporting software. FARO Technologies is ISO-9001 certified and ISO-17025 laboratory registered.

This press release contains forward-looking statements (within the meaning of the Private Securities Litigation Reform Act of 1995) that are subject to risks and uncertainties, such as statements about our plans, objectives, projections, expectations, assumptions, strategies, or future events. Statements that are not historical facts or that describe the Company's plans, objectives, projections, expectations, assumptions, strategies, or goals are forward-looking statements. In addition, words such as "may," "believes," "anticipates," "expects," "intends," "plans," "seeks," "estimates," "will," "should," "could," "projects," "forecast," "target," "goal," and similar expressions or discussions of our strategy or other intentions identify forward-looking statements. Other written or oral statements, which constitute forward-looking statements, also may be made by the Company from time to time. Forward-looking statements are not guarantees of future performance and are subject to various known and unknown risks, uncertainties, and other factors that may cause actual results, performances, or achievements to differ materially from future results, performances, or achievements expressed or implied by such forward-looking statements. Consequently, undue reliance should not be placed on these forward-looking statements.

Factors that could cause actual results to differ materially from what is expressed or forecasted in forward-looking statements include, but are not limited to:

  • the inability to protect our patents and other proprietary rights in the
  • United States and foreign countries and the assertion and ultimate outcome of infringement claims against us, including the pending suit by Romer CimCore against us;
  • the inability to quickly deploy alternative designs in the event of a negative outcome in the pending suit by Romer CimCore against us;
  • uncertainty of the outcome of the second reexamination by the U.S Patent Office; and
  • the other risks detailed in the Company's Annual Report on Form 10-K and other filings from time to time with the Securities and Exchange Commission. 
SOURCE  FARO Technologies, Inc.
    -0-                             01/06/2006
    /CONTACT:  Greg Fraser, Executive Vice President, FARO,
+1-407-333-9911, or fraserg@FARO.com /
    /Web site:  http://www.faro.com /
    (FARO)

CO:  FARO Technologies, Inc.; Hexagon; U.S. Patent and Trademark Office;
     Romer CimCore
ST:  Florida
IN:  CPR FIN STW
SU:  PLW LAW

AR-MR
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"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: Statements in this press release regarding FARO Technologies Inc's business which are not historical facts are "forward-looking statements" that involve risks and uncertainties. For a discussion of such risks and uncertainties, which could cause actual results to differ from those contained in the forward-looking statements, see "Risk Factors" in the Company's Annual Report or Form 10-K for the most recently ended fiscal year.