UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (date of earliest event reported): May 14, 2003
ADVANCED ENERGY INDUSTRIES, INC.
(970) 221-4670
Not Applicable
Delaware
000-26966
84-0846841
(State of
incorporation)
(Commission File Number)
(IRS Employer
Identification No.)
1625 Sharp Point Drive, Fort Collins, Colorado
80525
(Address of principal executive offices)
(Zip Code)
including area code)
| Item 5. Other Events. | ||||||||
| Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. | ||||||||
| SIGNATURES | ||||||||
| EXHIBIT INDEX | ||||||||
| EX-99.1 Press Release | ||||||||
Item 5. Other Events.
On May 14, 2003 MKS Instruments, Inc. filed a patent infringement suit against Advanced Energy Industries, Inc. in U.S. District Court in Wilmington, Del. MKS alleges that Advanced Energy’s latest reactive gas generator Xstream infringes on MKS’ U.S. patent 6,150,628 and four additional patents granted to MKS.
On May 15, 2003 Advanced Energy issued a press release in response to the MKS patent infringement suit and announcing that it had previously filed an action in a Federal Court in Denver for a declaratory ruling of non-infringement in order to permit Advanced Energy to market its Xstream technology. The text of the press release is filed with this Form 8-K as exhibit 99.1 and is incorporated herein by reference.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
(c) Exhibits.
Exhibit No.
Description
99.1
Press release issued by Advanced Energy Industries, Inc. dated May 15, 2003.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ADVANCED ENERGY INDUSTRIES, INC. | ||||||
| By: |
Name: Title: |
/s/ Michael El-Hillow
Michael El-Hillow Executive Vice President and Chief Financial Officer |
||||
Date: May 16, 2003
EXHIBIT INDEX
Exhibit No.
Description
99.1
Press release issued by Advanced Energy Industries, Inc. dated May 15, 2003
EXHIBIT 99.1
CONTACT:
MIKE EL-HILLOW
EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER
ADVANCED ENERGY INDUSTRIES, INC.
970-407-6570
MIKE.EL-HILLOW@AEI.COM
FOR IMMEDIATE RELEASE
ADVANCED ENERGY RESPONDS TO MKS INSTRUMENTS LAWSUIT
FORT COLLINS, COLORADO (MAY 15, 2003)-Advanced Energy Industries, Inc. (Nasdaq:
AEIS) today announced that, contrary to allegations in a complaint filed on May
14, 2003 by MKS Instruments, Inc., Advanced Energy is confident that
Xstream(TM), its new reactive gas generator product, is not in violation of any
MKS patent. In May 2002, a Delaware court clearly defined the limits of the MKS
technology and its 6,150,628 patent. Advanced Energy respects those limits, and
designed its new product to avoid infringement of any MKS patent based upon the
advice of a team of independent experts. The four additional patents that have
issued to MKS since the time of the Delaware litigation are continuations of the
6,150,628 patent based upon the same technology.
Advanced Energy filed an action last month in a Federal Court in Denver for a declaratory ruling of non-infringement in order to permit Advanced Energy to market its Xstream technology, which is the subject of Advanced Energy's own patents and pending applications.
ABOUT ADVANCED ENERGY
Advanced Energy is a global leader in the development and support of
process-centered technologies critical to plasma-based manufacturing processes
used in the production of semiconductors, flat panel displays, data storage
products, compact discs, digital video discs, architectural glass, laser,
medical and other advanced product applications.
Leveraging a diverse product portfolio and technology leadership, AE creates solutions that maximize process impact, improve productivity and lower cost of ownership for its customers. This portfolio includes a comprehensive line of technology solutions in power, flow and thermal management, plasma and ion beam sources, and integrated process monitoring and control for original equipment manufacturers (OEMs) and end-users around the world.
AE operates globally from regional centers in North America, Asia and Europe, offering global sales and support through direct offices, representatives and distributors. Founded in 1981, AE is a publicly-held company traded on the Nasdaq National Market under the symbol AEIS. For more information, please visit our corporate website: www.advanced-energy.com.
Safe Harbor Statement
This press release contains certain forward-looking statements, including Mr.
Schatz' expectations with respect to Advanced Energy's financial results for the
second quarter of 2003. Forward-looking statements are subject to known and
unknown risks and uncertainties that could cause actual results to differ
materially from those expressed or implied by such statements. Such risks and
uncertainties include, but are not limited to: the volatility and cyclicality of
the semiconductor and semiconductor capital equipment industries, Advanced
Energy's ongoing ability to develop new products in a highly competitive
industry characterized by increasingly rapid technological changes, Advanced
Energy's ability to successfully integrate acquired companies' operations, and
other risks described in Advanced Energy's Form 10-K, Forms 10-Q and other
reports and statements, as filed with the Securities and Exchange Commission.
These reports and statements are available on the SEC's website at www.sec.gov.
Copies may also be obtained from Advanced Energy's website at
www.advanced-energy.com or contacting Advanced Energy's investor relations at
970-221-4670. The company assumes no obligation to update the information in
this press release.
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