Ruling Issued in Rudolph's Patent Infringement Case Brought by ITC

  Ruling Issued in Rudolph's Patent Infringement Case Brought by ITC

             Judgment reverses at least $23.4 million in damages

Business Wire

FLANDERS, N.J. -- November 4, 2013

Rudolph Technologies, Inc. (NASDAQ: RTEC) announced today that the United
States Federal Court of Appeals issued a ruling in Rudolph’s ongoing patent
infringement dispute with Integrated Technology Corporation of Tempe, Arizona
(“ITC”). In the 13-page decision issued today, the U.S. Federal Court of
Appeals ruled in favor of Rudolph by reversing the finding of liability
against Rudolph for the post-August 2007 infringement of its ProbeWoRx^® and
PRVX systems of ITC’s US Patent No. 6,118,894 (the ‘894 patent) under the
Doctrine of Equivalents, a legal principle which expands the language of
patent claims to encompass products or processes which may otherwise be found
not to literally infringe a patent. In addition, the Court reversed the
finding of willful infringement against Rudolph in this matter, thus vacating
the award of enhanced damages. Furthermore, the Appeals Court vacated the
District Court’s award of attorney’s fees against Rudolph and remanded this
issue for further hearing. Finally, the Appeals Court affirmed the award of
damages assessed during the original trial for the literal infringement of the
‘894 patent by products sold prior to August of 2007. This lawsuit was
initially brought by ITC in 2006 against Applied Precision, LLC prior to
Rudolph’s acquisition of Applied’s probe card test and analysis business in
December of 2007.

Robert Koch, Rudolph’s vice president and general counsel, stated, “We are
very pleased that the court found in favor of Rudolph and reversed the
findings of infringement under the Doctrine of Equivalents and willfulness
against our Company as well as vacating and remanding the award of attorney’s
fees against Rudolph. With that, we are disappointed that the court did not
remand the damages assessed against Rudolph for the pre-2007 products for
further determination, so we will continue to pursue our options in this
matter and are confident of our ultimate success in this case.”

About Rudolph Technologies
Rudolph Technologies, Inc. is a worldwide leader in the design, development,
manufacture and support of defect inspection, advanced packaging lithography,
process control metrology, and data analysis systems and software used by
semiconductor device manufacturers worldwide. Rudolph provides a full-fab
solution through its families of proprietary products that provide critical
yield-enhancing information, enabling microelectronic device manufacturers to
drive down the costs and time to market of their products. The Company’s
expanding portfolio of equipment and software solutions is used in both the
wafer processing and final manufacturing of ICs, and in adjacent markets such
as FPD, LED and Solar. Headquartered in Flanders, New Jersey, Rudolph supports
its customers with a worldwide sales and service organization. Additional
information can be found on the Company’s website at www.rudolphtech.com.

Safe Harbor Statement
This press release contains forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995 (the “Act”) which include
the results of future litigation as well as other matters that are not purely
historical data. Rudolph wishes to take advantage of the “safe harbor”
provided for by the Act and cautions that actual results may differ materially
from those projected as a result of various factors, including risks and
uncertainties, many of which are beyond Rudolph’s control. Such factors
include, but are not limited to, the challenges presented by patent litigation
and the protection of its products against allegations of patent infringement.
Additional information and considerations regarding the risks faced by Rudolph
are available in Rudolph’s Form 10-K report for the year ended December 31,
2012 and other filings with the Securities and Exchange Commission. As the
forward-looking statements are based on Rudolph’s current expectations, the
company cannot guarantee any related future results, levels of activity,
performance or achievements. Rudolph does not assume any obligation to update
the forward-looking information contained in this press release.

Contact:

Rudolph Technologies, Inc.
Investors:
Steven R. Roth, 973-448-4302
steven.roth@rudolphtech.com
or
Trade Press:
Amy Pauling, 952-259-1794
amy.pauling@rudolphtech.com
 
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