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): May 4, 2011
FARO TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
| Florida | 0-23081 | 59-3157093 | ||
| (State or other jurisdiction of incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) | ||
| 250 Technology Park, Lake Mary, Florida |
32746 | |||
| (Address of principal executive offices) | (Zip Code) | |||
Registrant’s telephone number, including area code: (407) 333-9911
N/A
(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)) |
| Item 8.01. | Other Events. |
On May 4, 2011, FARO Technologies, Inc. (the “Company”) issued a press release announcing that the U.S. District Court for the District of Massachusetts has ruled in the Company’s favor in its on-going patent dispute with Nikon Metrology, finding that with respect to U.S. Patent No. 6,611,617, Nikon’s patent is unenforceable due to inequitable conduct. The patent dispute with respect to U.S. Patent No. 7,313, 264 remains ongoing, and the Company believes it does not infringe patent 7,313,264 and that it is invalid and unenforceable. A copy of the press release is filed as Exhibit 99.1 hereto and is incorporated herein by reference. The Company is not including the information contained on or available through its website referenced in the press release as part of, or incorporating such information into, this Current Report on Form 8-K.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits
| Exhibit Number |
Description | |
| 99.1 | Press release dated May 4, 2011. | |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| FARO Technologies, Inc. (Registrant) | ||||
| May 6, 2011 | /s/ Keith Bair | |||
| By: | Keith Bair | |||
| Its: | Chief Financial Officer | |||
EXHIBIT INDEX
| Exhibit |
Description | |
| 99.1 |
Press release dated May 4, 2011. | |
Exhibit 99.1
SOURCE/CONTACT: Keith Bair, Senior Vice President, CFO
keith.bair@faro.com, 407-333-9911
Court Rules in Favor of FARO in Patent Case
Lake Mary, FL – May 4, 2011 – FARO Technologies, Inc. (NASDAQ: FARO) announced today that the District Court of Massachusetts has ruled in its favor in its on-going patent dispute with Nikon Metrology after trial, finding that Nikon’s asserted U.S. Patent No. 6,611,617 (the ‘617 patent) is unenforceable due to inequitable conduct before the Patent Office.
The Court found that the inventor withheld material information from the Patent Office during the prosecution of the patent application.
“FARO has always maintained that it doesn’t infringe the ‘617 patent or the related U.S. Patent No. 7,313,264 (the ‘264 patent),” stated Bill Cass of Cantor Colburn LLP, FARO’s lead trial lawyer in this matter. “FARO also believes that the ‘264 patent is both unenforceable and invalid. The Company intends to pursue its attorneys fees through its counterclaims,” Cass concluded.
The full text of the court’s decision is available on FARO’s website at http://www.faro.com/site/content/pdf/farodecision.pdf
FARO Technologies, Inc. designs, develops, and markets portable, computerized measurement devices and software used to create digital models – or to perform evaluation and analysis against an existing model – for anything requiring highly detailed 3-D measurements, including part and assembly inspection, factory planning and asset documentation, as well as specialized applications ranging from surveying, recreating accident sites and crime scenes to digitally preserving historical sites.
FARO’s technology increases productivity by dramatically reducing the amount of on-site measuring time, and the various industry-specific software packages enable users to process and present their results quickly and more effectively.
Learn more at www.faro.com
SOURCE FARO Technologies, Inc.
“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.
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