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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 22, 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
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
On July 22, 2005, FARO Technologies announced via press release,
subject: FARO Announces Design-Around Solution to Cimcore Patent Claim
(c) Exhibits
99.1 Press release dated as of July 22, 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 22, 2005
/s/ GREGORY A. FRASER
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Gregory A. Fraser
Executive Vice President,
Secretary and Treasurer
Exhibit 99.1
FARO ANNOUNCES DESIGN-AROUND SOLUTION TO CIMCORE PATENT CLAIM
LAKE MARY, Fla., July 22 /PRNewswire-FirstCall/ -- FARO Technologies, Inc.
(Nasdaq: FARO) today responded to a potential injunction by ROMER Cimcore by
deciding to remove the minor offending features of its FaroArm by eliminating
the "infinite" rotation feature of the joints in its U.S.-based products by
reducing this feature to 50 rotations or fewer.
(Logo: http://www.newscom.com/cgi-bin/prnh/20000522/FLM035LOGO )
The decision does not place any practical limitations on use of the
FaroArm products by customers and will not cause any delays in production.
While FARO continues to believe that the Federal Appeals Court will ultimately
decide that its present design is not infringing, it is determined to move
beyond this controversy and is implementing this change.
"This change eliminates the 'infinite' rotation feature and we believe
constitutes a complete design-around of the contentious claims in ROMER
Cimcore's patent," FARO CEO Simon Raab said. "We will also send upgrade
packages for this design-around to all of our U.S. customers."
Concerning ROMER Cimcore's threat of pursuing an injunction, Raab
continued, "Because ROMER Cimcore's patent is limited to the United States, it
is important to note that this injunction tactic relates only to products that
are made, sold or used in the United States. In any event, our design-around
packages should, as a practical matter, render any injunction moot.
"We are somewhat surprised that Hexagon has allowed its new subsidiaries
to take this hostile posture when it faces the real possibility that the '148
patent may be ruled invalid. FARO gained its strong market position in the
articulated arm CMM market when the arms had as few as two rotations in three
of seven joints -- long before the minor 'infinite' rotation features were
added to our products -- and we will continue to set the standard for hardware
and software going forward."
Raab concluded, "Our strong position in the articulated arm market is
built upon many features, including accuracy, reliability, software, ease-of-
use, portability, design, ergonomics, price, service, direct worldwide
representation and overall quality. We look forward to the results of using
these same principles in our efforts in the laser-tracker and laser-scanner
markets."
About FARO
With more than 7,500 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," 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 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.
* our inability to overturn the announced ruling either on appeal or by
invalidating the '148 patent
Forward-looking statements in this release represent the Company's
judgment as of the date of this release. The Company undertakes no obligation
to update publicly any forward-looking statements, whether as a result of new
information, future events, or otherwise.
/CONTACT: Greg Fraser, EVP of FARO, +1-407-333-9911, or
fraserg@faro.com; or Vic Allgeier of TTC Group, +1-212-227-0997, for FARO/
/Photo: 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 /