Veeco Instruments Inc. of Plainview, New York USA, Advanced Micro-Fabrication Equipment Inc. (AMEC), and SGL Carbon SE (SGL), announced an agreement to settle the pending litigation among the parties and to amicably resolve all pending disputes.
The settlement includes resolving Veeco’s lawsuit against SGL before the U.S. District Court for the Eastern District of New York and AMEC’s lawsuit against Veeco before the Fujian High Court in China.
John R. Peeler, Chairman and CEO of Veeco, commented, “I am pleased to report that we have reached a mutually agreed settlement of the pending IP disputes and we are back to normal business operations in our MOCVD business.”
AMEC’s Chairman and CEO, Dr. Gerald Yin, stated, “This settlement is a good example of how competitors can resolve IP matters for the benefit of their global customer base.”
Under the terms of the settlement, the companies agreed to cease all legal actions worldwide (in court, patent offices and otherwise), between their principal businesses Veeco, AMEC and SGL, and their affiliates.
They also agreed to dismissed or otherwise withdraw all legal actions. As a result, the companies will continue all business processes, including sales, service, and importation. Settlement terms of the settlement were not disclosed.
Veeco Previously Won Preliminary Injunction Against SGL
In early November 2017, Veeco reported that the United States District Court for the Eastern District of New York granted its legal motion for a preliminary injunction against SGL Carbon, LLC (SGL). SGL Carbon provides wafer carriers to Advanced Micro-Fabrication Equipment Inc. (AMEC). The preliminary injunction baned SGL from selling wafer carriers for use in susceptorless Metal Organic Chemical Vapor Deposition (MOCVD) systems employing Veeco’s patented technology, including wafer carriers for AMEC MOCVD systems. (Ref. Coverage).
Veeco Also Previously Banned from Importing EPIK 700 into China
In December 2017, the Fujian High Court ruled that Veeco Shanghai must cease importation, production, sales, and marketing of the company’s EPIK 700 model MOCVD systems in China. According to the ruling the EPIK 700 models contain the allegedly infringing synchronous movement engagement mechanism that AMEC’s utility model patent ZL 201220056049.5 covers. This movement engagement mechanism reportedly uses allegedly infringing wafer carriers as supplies for the EPIK 700 MOCVD system. (Ref. Coverage).