News Article
Veeco AFM patent affirmed in European patent opposition
Veeco Instruments Inc. has announced that the European Patent Office in Munich, Germany has ruled in its favour and has dismissed the opposition filed by Asylum Research Inc. against Veeco's European Patent No. 839,312 (the '312 patent).
Veeco Instruments Inc. has announced that the European Patent Office in Munich, Germany has ruled in its favour and has dismissed the opposition filed by Asylum Research Inc. against Veeco's European Patent No. 839,312 (the '312 patent). This patent relates to the use of an atomic force microscope (AFM) in Tapping Mode with phase or frequency detection to image the topography and surface characteristics of a sample. In the decision, a three-judge panel dismissed each ground of opposition asserted by Asylum and affirmed the validity of the Veeco patent in all respects.Edward H. Braun, Chairman and Chief Executive Officer of Veeco, commented "Europe is an important market for Veeco, representing approximately 22% of our AFM sales. This ruling validates Veeco's development of innovative and enforceable core technology related to Tapping Mode and Phase Imaging for AFM."In addition to the recent victory over Asylum in Europe, Veeco is also pursuing a patent infringement lawsuit against Asylum in the Central District of California. In this lawsuit, Veeco alleges that the manufacture, use and sale of Asylum's MFP-3D atomic force microscope constitutes willful infringement of five Veeco patents, including the U.S. counterpart to the '312 patent. Veeco currently expects a favourable outcome. Veeco is seeking unspecified monetary damages and a permanent injunction to stop infringement. Asylum is a private company founded by former Veeco employees.Mr. Braun added, "We are looking forward to resolution of the U.S. litigation against Asylum. We welcome fair and honest competition, but we will vigorously defend our intellectual property. Veeco has invested tens of millions of dollars to develop and/or license-in AFM technology and related intellectual property. In the interests of our employees, customers and shareholders, we must protect that investment."
