Form 8-K RUDOLPH TECHNOLOGIES For: Dec 22

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December 22, 2016 4:19 PM EST

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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): December 22, 2016

Rudolph Technologies, Inc.

(Exact name of registrant as specified in its charter)



DELAWARE	001-36226	22-3531208
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

16 Jonspin Road, Wilmington, Massachusetts 01887

(Address of principal executive offices) (Zip code)

Registrant’s telephone number, including area code: (978) 253-6200

Not applicable

(Former name or former address, if changed since last report.)

___________________

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01 Other Events

On December 22, 2016, Rudolph announced the U.S. Court of Appeals for the Federal Circuit has issued a ruling regarding Camtek Ltd.’s requested reexamination of Rudolph’s U.S. Patent No. 7,729,528.

The information in this Current Report on Form 8-K shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits



		Exhibit No.		Description of Exhibit

		99.1		Press Release issued December 22, 2016, “Rudolph Announces Ruling in Patent Reexamination Appeal by Camtek”

EXHIBIT INDEX



		Exhibit No.		Description of Exhibit

		99.1		Press Release issued December 22, 2016, “Rudolph Announces Ruling in Patent Reexamination Appeal by Camtek”

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 thereunto duly authorized.



	RUDOLPH TECHNOLOGIES, INC.
Date: December 22, 2016	By: /s/ Michael P. Plisinski
	Michael P. Plisinski Chief Executive Officer

Exhibit 99.1

Rudolph Announces Ruling in

Patent Reexamination Appeal by Camtek

Opinion rendered which confirmed validity of additional patent claims

Wilmington, Massachusetts (December 22, 2016)-Rudolph Technologies, Inc. (NYSE: RTEC) announced today that the U.S. Court of Appeals for the Federal Circuit has issued a ruling regarding Camtek Ltd.’s requested reexamination of Rudolph’s U.S. Patent No. 7,729,528. The ‘528 patent is the subject of Rudolph’s patent infringement lawsuit against Camtek’s inspection systems which is currently stayed pending the resolution of the re-examination process.

As background, in December of 2011, Rudolph filed a complaint against Camtek asserting that Camtek’s Condor and Gannet inspection systems infringed Rudolph’s ‘528 patent. Camtek responded by filing an inter partes reexamination petition regarding the ‘528 patent with the U.S. Patent and Trademark Office (“PTO”). Based on the parties’ agreement, the Court stayed the lawsuit pending the outcome of the reexamination process. Of the ‘528 patent’s 53 claims, reexamination was instituted on 18. Rudolph later appealed the PTO’s decision to reject the 18 reexamined patent claims to the Court of Appeals for the Federal Circuit.

Today’s ruling by the Court of Appeals reversed the PTO’s rejection of three of the 18 patent claims and affirmed the PTO’s rejection of nine patent claims. The appeal of the remaining six patent claims was dismissed by the Court of Appeals for procedural reasons.

“We are pleased that the Federal Court of Appeals reversed the Patent and Trademark Office’s decision regarding the rejection of three claims of the ‘528 patent. We believe these claims, along with the other claims which were not rejected as part of the reexamination process, will form a solid basis by which we will ultimately prevail in the associated litigation,” commented Robert Koch, Rudolph’s vice president and general counsel. “It is our estimation that the claims which remain rejected were not essential for Rudolph’s success in the litigation as the remaining claims are fully sufficient to hold Camtek accountable, once again, for its use of our patented technology in its tool offerings.”

The Court of Appeals ruling is subject to each party’s right to request reconsideration. Thereafter, upon finalization of the decision, the stay in the litigation will likely be lifted. Rudolph continues to assert its intellectual property rights against Camtek to ensure that their prohibited use of Rudolph’s proprietary, patented technology ends. Rudolph prevailed with collecting a $14.6 million patent infringement judgment against Camtek earlier this year involving U.S. Patent No. 6,826,298 and is also actively prosecuting an additional lawsuit against Camtek over their Eagle products under that patent. In this further lawsuit, Rudolph is again seeking both monetary damages and a permanent injunction against the sale of the Eagle systems in the United States.

About Rudolph Technologies

Rudolph Technologies, Inc. is a leader in the design, development, manufacture and support of defect inspection, lithography, process control metrology, and process control software used by semiconductor and

advanced packaging device manufacturers worldwide. Rudolph delivers comprehensive solutions throughout the fab with its families of proprietary products that provide critical yield-enhancing information, enabling microelectronic device manufacturers to drive down costs and time to market of their devices. 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”) related to the protection of its intellectual property 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, results of future litigation and the challenges presented related to the enforcement of its patents. 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, 2015 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.

Rudolph Contacts:

Investors:

Steven R. Roth

973.448.4302

[email protected]

Guerrant Associates

Laura Guerrant-Oiye

Principal

808.882.1467

[email protected]

Trade Press:

Amy Shay