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EOS Files Patent Suit Against Phenix Systems

CHICAGO, April 13, 2012 — Laser-sintering systems manufacturer EOS filed a patent lawsuit on March 5 against Phenix Systems for infringing two US patents for its dental product lines, the company announced.

The lawsuit alleges infringement of US Patent Nos. 5,753,274 and 6,042,774 through the manufacture, sale and use of the PXL, PXM, PXS and PXS Dental product lines from Phenix in the US. During the second half of 2011, Phenix announced publicly the commercial manufacture, sale and use of exactly these product lines, even though EOS had apprised Phenix of its patent portfolio several times. Consequently, EOS filed its lawsuit.

The complaint against Phenix states that the company directly infringes, induces others to infringe, and contributes to the infringement of both patents in violation of 35 U.S.C. §271. Phenix was notified of the existing EOS patent but continued to engage in acts of infringement.

“Filing this patent infringement lawsuit is an essential step in protecting our patent rights in the US,” said Johann Oberhofer, chief financial officer of EOS. “We hope that this litigation will quickly resolve the situation.”

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I just came across the following posting on the internet and wanted to provide some clarification from Phenix Systems viewpoint regarding the EOS patent infringement lawsuit. EOS has tried this tactic, unsuccessfully, in Europe against Phenix Systems and we are confident of a similar outcome in the US. Phenix Systems President, Francois Reymondet, states: “Phenix Systems, is aware that EOS has filed a lawsuit alleging patent infringement, although EOS has not yet proceeded with formal service of the lawsuit on Phenix Systems. Phenix Systems does not infringe the patents; and, if EOS decides to proceed with its unfounded allegations, Phenix Systems will prove the patents are not infringed. Further, Phenix Systems believes press releases made by EOS regarding its false accusations are defamatory and Phenix Systems has demanded that EOS cease such activity immediately. “ AMT (Additive Manufacturing Technologies), Inc. is pleased to offer the complete line of Phenix Systems products to the North American market. We are confident that the superior quality of our products and services will grow the Additive Manufacturing segment of the Rapid Prototyping marketplace in North America and anticipate a swift resolution to the baseless claims brought forth by EOS.
4/24/2012 11:14:57 AM

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