Veeco and Asylum announce
settlement.
Plainview, NY 8/11/08; Santa Barbara, CA 8/11/08 -- Veeco
Instruments and Asylum Research have settled their patent litigation
(see IBO 7/15/08). In 2003, Veeco filed suit against Asylum claiming
infringement of a patent related to atomic force microscopy. The
companies agreed to drop all claims against each other and entered into
a five-year worldwide cross- licensing agreement and a mutual covenant
not to sue on patents that either party has a right to assert. Asylum
will make a net payment to Veeco and pay ongoing royalties for the
five-year term. Asylum also acknowledged the validity of Veeco's
patents asserted in the case. Other terms of the settlement were not
disclosed.
Court documents indicate that the companies reached a tentative
settlement on August 5, the date the jury trial was scheduled to begin.
The dispute also extended to Europe, where Asylum was appealing a 2007
decision by the European Patent Office's Opposition Division that
affirmed the validity of Veeco's Patent No. 839,312, which was also
in dispute in the US case. Asylum was founded by former employees of
Veeco.
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