-----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, WnD13hT7i43LRMAYbaM7uCbb9JSlNnuvhE7COX/rvbo5mJL2Pi2Kxn0+CkQrfWQC rcTjpkCQFPS+Qt+IATOycA== 0001012870-02-002824.txt : 20020625 0001012870-02-002824.hdr.sgml : 20020625 20020625081823 ACCESSION NUMBER: 0001012870-02-002824 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020624 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020625 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MATTSON TECHNOLOGY INC CENTRAL INDEX KEY: 0000928421 STANDARD INDUSTRIAL CLASSIFICATION: SPECIAL INDUSTRY MACHINERY, NEC [3559] IRS NUMBER: 770208119 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-24838 FILM NUMBER: 02685922 BUSINESS ADDRESS: STREET 1: 2800 BAYVIEW DR CITY: FREMONT STATE: CA ZIP: 94538 BUSINESS PHONE: 5106575900 8-K 1 d8k.htm FORM 8-K Prepared by R.R. Donnelley Financial -- Form 8-K
 
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) June 24, 2002
 
 
 
MATTSON TECHNOLOGY, INC.
(Exact name of registrant as specified in its charter)
 

 
Delaware

  
0-21970

  
77-0208119

(State or other jurisdiction of
incorporation)
  
(Commission File Number)
  
(IRS Employer
Identification No.)
 
2800 Bayview Drive
Fremont, California 94538
(Address of principal executive offices) (Zip Code)
 

 
Registrant’s telephone number, including area code (510) 657-5900


 
Item 5.    Other Events
 
On June 24, 2002, Mattson Technology, Inc. and Dainippon Screen Manufacturing Co. (“DNS”) jointly announced that they have amicably resolved their legal disputes with a comprehensive, global settlement that includes termination of all outstanding litigation between them and cross-licenses of patents related to certain aspects of wet immersion processing systems. The legal dispute involved patent infringement claims made against DNS by CFM Technologies, which was acquired by Mattson in January 2001. Mattson is also releasing all DNS customers from any claims of infringement relating to their purchase and future use of DNS wet processing equipment.
 
The settlement agreement calls for DNS to pay a total of $40 million to Mattson, of which $29 million is attributable to past damages related to sales of certain wet processing products in the United States, and $11 million is attributable to reimbursement of a portion of the legal fees incurred by Mattson. Of these amounts, $22 million is payable in two installments due by October 22, 2002, $7 million is payable on April 30, 2003, $5 million on September 1, 2003 and $6 million on December 15, 2003.
 
Under a license agreement, DNS and Mattson agree to cross-license certain technologies pertaining to automated batch immersion wet processing systems, and the parties agree to pay royalties to each other based upon future sales of products utilizing the cross-licensed technologies. DNS has agreed to pay Mattson annual royalties over a five-year period, 2003 through 2007, based on worldwide sales of certain DNS wet processing systems. The royalty obligations of DNS would cease if all four of the U.S. patents that had been the subject of the lawsuit were to be held invalid and unenforceable by a competent court. Royalties payable under the license total a minimum of $30 million and a maximum of $60 million. Minimum royalties are payable in equal amounts of $6 million due on April 1 of each year. Once total royalty payments equal $30 million, the minimum royalties no longer apply. No further royalties are payable once total payments reach $60 million.
 
Item 7.    Financial Statements and Exhibits
 
Exhibit
 
99.1    Form of Press Release


 
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.
 
 
 
       
MATTSON TECHNOLOGY, INC.
Date:
 
June 24, 2002
     
By:
 
    /s/    LUDGER VIEFHUES

               
Ludger Viefhues
ExecutiveVice President and
Chief Financial Officer
EX-99.1 3 dex991.htm PRESS RELEASE DATED JUNE 24, 2002 Prepared by R.R. Donnelley Financial -- Press release dated June 24, 2002
 
Exhibit 99.1
 
 
 
For Immediate Release
 
 
June 24, 2002
 
MATTSON AND DNS SETTLE LAWSUIT
 
 
 
Mattson Technology Inc. and Dainippon Screen Manufacturing Co., Ltd. (DNS) jointly announced today they have amicably resolved their legal disputes with a comprehensive, global settlement which includes termination of all outstanding litigation between the companies and cross licenses of patents related to certain aspects of wet immersion processing systems. The settlement agreement calls for DNS to pay $40 million to Mattson for past damages, including partial reimbursement of legal fees, related to sales of certain wet processing products in the United States.
 
The legal dispute was over patent infringement claims made against DNS by CFM Technologies, which was acquired by Mattson in January 2001. With this agreement, both parties have settled all past and present claims against one another and agreed to refrain from any further legal action against each other in regards to these patents and their related technologies. Mattson is also releasing all DNS customers from any claims of infringement relating to their purchase and future use of DNS wet processing equipment.
 
According to the agreement, DNS and Mattson will cross license certain technologies pertaining to automated batch immersion wet processing systems. The parties have agreed to pay royalties to each other based upon future sales of products utilizing the cross-licensed technologies.
 
According to David Dutton, Mattson’s CEO “Mattson is pleased that this legal matter has finally been resolved. Now we can turn our full attention to activities that will drive improvements in our market position and customer satisfaction.”


 
For further information, please contact:
 
H. Wada
  
Lauren Vu
Public Relations Dept.
  
Public Relations Manager (we don’t have a PR department)
Dainippon Screen Manufacturing Co., Ltd.
  
Mattson Technology, Inc.
Tel.:  +(81) 75 414 7131
  
Tel.:  510-492-6518
company@screen.co.jp
  
lauren.vu@mattson.com
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