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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) July 13, 2005
FARO TECHNOLOGIES, INC.
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(Exact name of registrant as specified in its charter)
Florida 0-23081 59-3157093
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(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification No.)
125 Technology Park, Lake Mary, Florida 32746
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (407) 333-9911
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(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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ITEM 7.01 REGULATION FD DISCLOSURE
On July 12, 2005, FARO Technologies announced via press release,
subject: FARO to Aggressively Pursue Options Following District Court Ruling for
Cimcore
ITEM 9.01 FINANCIAL STATEMEMNTS AND EXHIBITS
(c) Exhibits
99.1 Press release dated as of July 12, 2005
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
FARO TECHNOLOGIES, INC.
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(Registrant)
Date July 12, 2005
/s/ GREGORY A. FRASER
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Gregory A. Fraser
Executive Vice President,
Secretary and Treasurer
Exhibit 99.1
FARO TO AGGRESSIVELY PURSUE OPTIONS FOLLOWING DISTRICT COURT
RULING FOR CIMCORE
LAKE MARY, Fla., July 12 /PRNewswire-FirstCall/ -- FARO Technologies, Inc.
(Nasdaq: FARO) today announced that the Federal District Court for the Southern
District of California in the action entitled "Cimcore Corporation et al v. FARO
Technologies, Inc." (Civil Action No. 03CV2355B) issued an order granting the
Plaintiff's Motion for Summary Judgment of Infringement. This order finds that
FARO has infringed certain claims (which apply to only minor features of the
FARO Arm) of U.S. Patent 5,829,148 ('148 patent) and stems from a patent
infringement suit filed November 25, 2003, by Cimcore -- Romer against FARO. In
that lawsuit, FARO has claimed that it does not infringe the '148 patent and
that the '148 patent is invalid.
(Logo: http://www.newscom.com/cgi-bin/prnh/20000522/FLM035LOGO )
The District Court has not yet ruled on FARO's allegation that the '148
patent is invalid. In addition, the U.S. Patent and Trademark Office ("PTO") has
granted FARO's request that the '148 patent be reexamined based on what FARO
considers to be invalidating prior art. In the event that either the District
Court or the PTO rules that the '148 patent is invalid, then there can be no
liability by FARO for patent infringement.
FARO is disappointed in the Court's ruling and continues to believe that
certain minor features of its line of CMM arms do not infringe the '148 patent.
Simon Raab, FARO's CEO, emphasized that "FARO will continue to vigorously
litigate this case with respect to both the invalidity of the '148 patent and,
if necessary, file an appropriate appeal to the Federal Circuit."
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.
A factor that could cause actual results to differ materially from what is
expressed or forecasted in forward-looking statements includes, but is not
limited to:
* Our inability to overturn the announced ruling either on appeal or by
invalidating the '148 patent
About FARO:
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 three-dimensional
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 Gage and Gage-Plus(TM), Platinum and Titanium model FARO
Arms(R), SI and X model FARO Laser Trackers(R) , Laser Scanner LS and a CAM2(R)
family of advanced CAD-based measurement and reporting software. FARO
Technologies is ISO 9001 certified and Guide 25 approved. Learn more at
http://www.faro.com .
SOURCE FARO Technologies, Inc.
-0- 07/12/2005
/CONTACT: Greg Fraser, EVP, FARO Technologies, Inc., +1-407-333-9911; or
Vic Allgeier, The TTC Group, +1-212-227-0997, for FARO Technologies, Inc./
/First Call Analyst: /
/FCMN Contact: trowbris@faro.com /
/Photo: NewsCom: http://www.newscom.com/cgi-bin/prnh/20000522/FLM035LOGO
AP Archive: http://photoarchive.ap.org
PRN Photo Desk, photodesk@prnewswire.com /
/Web site: http://www.faro.com /