VALENCIA, Calif.--(BUSINESS WIRE)--Aug. 21, 2003--3D Systems Corp.
TDSC) announced today that the United States District Court
for the Central District of California issued claim construction and
summary judgment rulings August 20, 2003, in the EOS GmbH Electro
Optical Systems (EOS) vs. DTM Corporation (DTM) and Compression, a
division of Moll Industries, Inc. and 3D Systems, Inc. patent
infringement lawsuit. 3D Systems acquired DTM in August 2001.
As a result of a 1997 license agreement, EOS was licensed under
the 3D Systems' patents to the extent the patents pertain to the field
of laser sintering. The Court ruled that one claim of one of the 13
asserted 3D Systems' patents, US Patent No. 5,630,981 ('981 patent),
licensed to EOS was infringed by the DTM machines at issue. The Court
also ruled with respect to a patent issued to DTM, US Patent No.
5,990,268 ('268 patent) that a key term was not able to be construed.
The '268 patent covers the use of nylon powders in laser sintering. In
addition, the Court ruled that EOS' assertion of infringement against
DTM, under the licensed 3D Systems' patents, was not barred by laches
Three other summary judgment motions on behalf of 3D Systems and
DTM were denied. The motions dealt with willful infringement of the
powder '268 patent, validity of the '268 patent, and license agreement
interpretation with respect to EOS being licensed under the DTM
patents acquired by 3D Systems in the merger with DTM. In other
rulings, the Court construed three patent claim terms in a manner that
excludes as being applicable to laser sintering 11 of the 37 claims
EOS has asserted from the 3D Systems' patents as practiced by DTM.
"3D Systems is disappointed with the rulings but views this as one
step in a long process," said G. Walter Loewenbaum II, Chairman of the
Board of Directors. "3D Systems will appeal the rulings and believes
that the law and the facts favor its position and will ultimately
prevail, particularly given that these issues will be reviewed anew in
the appellate court."
About 3D Systems
Founded in 1986, 3D Systems(R), the solid imaging company(SM),
provides solid imaging products and solutions that reduce the time and
cost of designing products and facilitate direct and indirect
manufacturing. Its systems utilize patented technologies to create
physical objects from digital input that can be used in design
communication, prototyping, and as functional end-use parts.
3D Systems currently offers the ThermoJet(R) solid object printer,
SLA(R) (stereolithography) systems, SLS(R) (selective laser sintering)
systems, and Accura (R)materials (including photopolymers, metals,
nylons, engineering plastics, and thermoplastics).
3D Systems is the originator of the advanced digital manufacturing
(ADM(SM)) solution for manufacturing applications. ADM is the
utilization of 3D Systems solid imaging technologies to accelerate
production of smaller volumes of customized/ specialized parts. A
typical ADM center is expected to contain multiple 3D Systems' SLA,
MJM and/or SLS systems dedicated to full-time manufacturing
Product pricing in the U.S. ranges from $49,995, for the ThermoJet
printer, to $799,000 for the high-end SLA 7000 system. 3D Systems'
multiple platform product line enables companies to choose the most
appropriate systems for applications ranging from the creation of
design communication models to prototypes to production parts
More information on the company is available at
or by email at
Email Contact, or by phoning 888/337-9786, or
661/295-5600 ext. 2882 internationally. An investor packet can be
obtained by calling 800/757-1799.
Note to editors: ADM and the solid imaging company are service
marks; and si2 is a trademark; and ThermoJet, SLA, SLS, Accura, 3D
Systems and the 3D logo are registered trademarks of 3D Systems Inc.
Certain statements in this news release may include
forward-looking statements that express the expectation, prediction,
belief or projection of 3D Systems. These statements involve known and
unknown risks, uncertainties and other factors that may cause the
actual results, performance and achievement of 3D Systems to be
materially and adversely different from any future results,
performance or achievement expressed or implied by these
forward-looking statements. Factors that may cause actual results to
differ from the forward-looking statements contained in this release
and that may affect the company's prospects in general include, but
are not limited to; disruption caused by the reconfiguration of the
management team, the receipt of a commitment letter by September 30,
2003 to refinance the outstanding obligations with US Bank; the
funding of amounts of capital adequate to provide for the working
capital needs of the Company; actions of competitors and customers;
resolution of currently pending litigation; the Company's ability to
successfully design and produce new products; customer acceptance of
new products; the Company's ability to enter into successful
relationships with new customers to fully exploit its products; the
Company's ability to successfully implement all elements of its
restructuring and cost savings program, and such other factors as are
described in the Company's filings with the Securities and Exchange
Commission. The Company does not undertake to update any
CONTACT: 3D Systems Corp. Elizabeth Goode, 661-295-5600, ext. 2632 Email Contact or Self & Associates (Investor Relations) Trudy Self, 818-370-2423 Email Contact