-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Paw7ml6ozb7IpLPYa8SmPs3Ea5H9IHoSwWJZg2caIf3kezoVxagOVsMt/aIH5thM 566mm5BlVm5Ua7NmcQasog== 0001011438-03-000264.txt : 20030917 0001011438-03-000264.hdr.sgml : 20030917 20030916192230 ACCESSION NUMBER: 0001011438-03-000264 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20030821 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030917 FILER: COMPANY DATA: COMPANY CONFORMED NAME: 3D SYSTEMS CORP CENTRAL INDEX KEY: 0000910638 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 954431352 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-22250 FILM NUMBER: 03898459 BUSINESS ADDRESS: STREET 1: 26081 AVENUE HALL CITY: VALENCIA STATE: CA ZIP: 91355 BUSINESS PHONE: 6612955600 MAIL ADDRESS: STREET 1: 26081 AVENUE HALL CITY: VALENCIA STATE: CA ZIP: 91355 FORMER COMPANY: FORMER CONFORMED NAME: 3 D SYSTEMS CORP DATE OF NAME CHANGE: 19930816 8-K 1 form_8-k.txt 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): August 21, 2003 3D SYSTEMS CORPORATION (Exact Name of Registrant as Specified in Its Charter) Delaware 0-22250 95-4431352 (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 26081 Avenue Hall Valencia, California 91355 (Address of Principal Executive Offices, Zip Code) (661) 295-5600 (Registrant's Telephone Number, Including Area Code) ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. Reference is made to the press releases of Registrant, issued on August 22, 2003 and September 15, 2003, which are incorporated herein by this reference. A copy of the press releases is attached to this Form 8-K as Exhibits 99.1 and 99.2, respectively. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. (a) Financial Statements. None. (b) Pro Forma Financial Information. None. (c) Exhibits. 99.1 Press Release, dated August 22, 2003. 99.2 Press Release, dated September 15, 2003 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. September 16, 2003 3D SYSTEMS CORPORATION /s/ Keith Kosco ---------------------------------------------- By: Keith Kosco Its: General Counsel and Corporate Secretary EXHIBIT INDEX EXHIBITS 99.1 Press Release, dated August 22, 2003. 99.2 Press Release, dated September 15, 2003. EX-99 3 exhibit_99-1.txt EXHIBIT 99.1 PRESS RELEASE 3D SYSTEMS ANNOUNCES RULING IN EOS VS. DTM/3D SYSTEMS PATENT LAWSUIT VALENCIA, Calif. - Aug. 21, 2003 - 3D Systems Corp. (NASDAQ: TDSC) announced today that the United States District Court for the Central District of California issued claim construction and summary judgment rulings August 20, 2003, in the EOS GmbH Electro Optical Systems (EOS) vs. DTM Corporation (DTM) and Compression, a division of Moll Industries, Inc. and 3D Systems, Inc. patent infringement lawsuit. 3D Systems acquired DTM in August 2001. As a result of a 1997 license agreement, EOS was licensed under the 3D Systems' patents to the extent the patents pertain to the field of laser sintering. The Court ruled that one claim of one of the 13 asserted 3D Systems' patents, US Patent No. 5,630,981 (`981 patent), licensed to EOS was infringed by the DTM machines at issue. The Court also ruled with respect to a patent issued to DTM, US Patent No. 5,990,268 (`268 patent) that a key term was not able to be construed. The `268 patent covers the use of nylon powders in laser sintering. In addition, the Court ruled that EOS' assertion of infringement against DTM, under the licensed 3D Systems' patents, was not barred by laches and estoppel. Three other summary judgment motions on behalf of 3D Systems and DTM were denied. The motions dealt with willful infringement of the powder `268 patent, validity of the `268 patent, and license agreement interpretation with respect to EOS being licensed under the DTM patents acquired by 3D Systems in the merger with DTM. In other rulings, the Court construed three patent claim terms in a manner that excludes as being applicable to laser sintering 11 of the 37 claims EOS has asserted from the 3D Systems' patents as practiced by DTM. "3D Systems is disappointed with the rulings but views this as one step in a long process," said G. Walter Loewenbaum II, Chairman of the Board of Directors. "3D Systems will appeal the rulings and believes that the law and the facts favor its position and will ultimately prevail, particularly given that these issues will be reviewed anew in the appellate court." ABOUT 3D SYSTEMS Founded in 1986, 3D Systems(R), the solid imaging company(SM), provides solid imaging products and solutions that reduce the time and cost of designing products and facilitate direct and indirect manufacturing. Its systems utilize patented technologies to create physical objects from digital input that can be used in design communication, prototyping, and as functional end-use parts. 3D Systems currently offers the ThermoJet(R) solid object printer, SLA(R) (stereolithography) systems, SLS(R) (selective laser sintering) systems, and Accura(R) materials (including photopolymers, metals, nylons, engineering plastics, and thermoplastics). 3D Systems is the originator of the advanced digital manufacturing (ADM(SM)) solution for manufacturing applications. ADM is the utilization of 3D Systems solid imaging technologies to accelerate production of smaller volumes of customized/ specialized parts. A typical ADM center is expected to contain multiple 3D Systems' SLA, MJM and/or SLS systems dedicated to full-time manufacturing applications. Product pricing in the U.S. ranges from $49,995, for the ThermoJet printer, to $799,000 for the high-end SLA 7000 system. 3D Systems' multiple platform product line enables companies to choose the most appropriate systems for applications ranging from the creation of design communication models to prototypes to production parts. More information on the company is available at WWW.3DSYSTEMS.COM, or by email at MOREINFO@3DSYSTEMS.COM, or by phoning 888/337-9786, or 661/295-5600 ext. 2882 internationally. An investor packet can be obtained by calling 800/757-1799. Note to editors: ADM and the solid imaging company are service marks; and si2 is a trademark; and Thermojet, SLA, SLS, Accura, 3D Systems and the 3D logo are registered trademarks of 3D Systems Inc. Certain statements in this news release may include forward-looking statements that express the expectation, prediction, belief or projection of 3D systems. These statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance and achievement of 3D Systems to be materially and adversely different from any future results, performance or achievement expressed or implied by these forward-looking statements. Factors that may cause actual results to differ from the forward-looking statements contained in this release and that may affect the company's prospects in general include, but are not limited to; disruption caused by the reconfiguration of the management team, the receipt of a commitment letter by September 30, 2003 to refinance the outstanding obligations with US bank; the funding of amounts of capital adequate to provide for the working capital needs of the Company; actions of competitors and customers; resolution of currently pending litigation; the Company's ability to successfully design and produce new products; customer acceptance of new products; the Company's ability to enter into successful relationships with new customers to fully exploit its 2 products; the Company's ability to successfully implement all elements of its restructuring and cost savings program, and such other factors as are described in the Company's filings with the securities and exchange commission. The Company does not undertake to update any forward-looking statements. CONTACT: Elizabeth Goode, Director Marketing (661) 295-5600, ext. 2632 goodee@3dsystems.com or Trudy Self, Self & Associates (909) 336-5685 tmself@aol.com 3 EX-99 4 exhibit_99-2.txt EXHIBIT 99.2 PRESS RELEASE 3D SYSTEMS UPDATES EOS LITIGATION VALENCIA, Calif. - Sept. 15, 2003 - 3D Systems Corp. (NASDAQ: TDSC). As a result of questions that have arisen regarding the EOS litigations, 3D Systems today provided an update on the state of the various matters under dispute. "Over the past few weeks, we have received a number of inquiries about the effect of the recent rulings by the Federal District Court in Orange County, California. Those rulings do not give the right to third parties to sell laser sintering machines in the United States. Only 3D Systems has the exclusive right, under the University of Texas patents, to sell laser sintering machines in the United States. We continue to sell all laser sintering systems and materials as we have since the merger with DTM Corporation in August 2001 and the rulings do not affect our rights to do so," said Chuck Hull, 3D Systems co-founder and interim chief executive officer. "Further, to remove any misconceptions resulting from the pre-trial rulings in California, there has been no judicial finding concerning damages at this point. We believe the magnitude of damages claimed by EOS in recent communications are highly exaggerated and not likely to be awarded. These rulings do not affect 3D Systems' leadership in the marketplace, nor lessen our continuing commitment to develop technically superior products for our customers. We remain convinced that the law and facts favor our position in these lawsuits and we will ultimately prevail." ABOUT 3D SYSTEMS Founded in 1986, 3D Systems(R), the solid imaging company(SM), provides solid imaging products and solutions that reduce the time and cost of designing products and facilitate direct and indirect manufacturing. Its systems utilize patented technologies to create physical objects from digital input that can be used in design communication, prototyping, and as functional end-use parts. 3D Systems' product line includes the MJM product line (ThermoJet(R) solid object printer and InVision 3-D printer), SLA(R) (stereolithography) systems, SLS(R) (selective laser sintering) systems, and Accura(R) materials (including photopolymers, metals, nylons, engineering plastics, and thermoplastics). 3D Systems created the rapid prototyping (RP) industry and is the originator of advanced digital manufacturing (ADM(SM)) solution for manufacturing applications. ADM uses 3D Systems' solid imaging technologies to accelerate production of customized/ specialized parts. A typical ADM center contains multiple 3D Systems' SLA, MJM and/or SLS systems dedicated to full-time manufacturing applications. 3D Systems' systems range in price from $40,000 to $799,000. More information: www.3dsystems.com or email moreinfo@3dsystems.com Our view of an award of any potential damages and the ultimate outcome in the California EOS litigation are forward looking statements and are subject to uncertainties and other factors that may cause the actual results of the litigation to be materially and adversely different than the beliefs we express in this release. The ultimate outcome of the litigation will be determined by the court following arguments by both parties to the litigation. A court may disagree with our position, and if so, may award damages. If awarded, the damages may be substantially in excess of what we believe can be substantiated. We do not undertake to update any forward-looking statements. CONTACT: Elizabeth Goode, Director Marketing (661) 295-5600, ext. 2632 goodee@3dsystems.com or Trudy Self, Investor Relations Self & Associates (909) 336-5685 tmself@aol.com -----END PRIVACY-ENHANCED MESSAGE-----