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Nanometrics reports favourable Markman ruling in patent dispute

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Nanometrics Incorporated announced a favourable "Markman" decision by Judge Maxine Chesney of the United States Federal District Court for the Northern District of California in the patent infringement case initiated by Nova Measuring Instruments

Nanometrics Incorporated announced a favourable "Markman" decision by Judge Maxine Chesney of the United States Federal District Court for the Northern District of California in the patent infringement case initiated by Nova Measuring Instruments.

Nova Measuring sued Nanometrics for infringement of U.S. Patent No.6,752,689, which Nova Measuring claims covers certain Nanometrics integrated metrology products. Nanometrics has asserted that that this patent is not infringed and is invalid. Markman hearings, also known as claim construction hearings, are held to determine the scope and meaning of the patent claims prior to the commencement of trial.

On December 1, 2006, Judge Chesney issued a Markman order in the case, finding, among other things, that the phrase "wafer transfer means" - which is contained in all patent claims asserted by Nova Measuring - restricts Nova Measuring's patent claims to apply only to products used with a "water track" or its equivalents.

"Nanometrics' integrated metrology products do not incorporate anything like a water track," commented Ron C. Finley, of the law firm Beck, Ross, Bismonte & Finley, LLP, lead patent counsel for Nanometrics. "This claim construction ruling clears the way for Nanometrics to dispose of this case and vindicate its position that Nova's allegations have no merit."

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