Form 8-K RUDOLPH TECHNOLOGIES For: Feb 05

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February 5, 2016 4:14 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): February 3, 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.)

One Rudolph Road, P.O. Box 1000, Flanders, NJ 07836

(Address of principal executive offices) (Zip code)

Registrant’s telephone number, including area code: (973) 691-1300

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 February 3, 2016, Rudolph announced the U.S. Court of Appeals for the Federal Circuit has affirmed a lower court decision that Camtek, Ltd. infringed Rudolph’s U.S. Patent No. 6,826,298 and affirmed the damages award of approximately $14.6 million.

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 February 3, 2016, “Rudolph Announces Win in Patent Infringement Lawsuit against Camtek”

EXHIBIT INDEX



		Exhibit No.		Description of Exhibit

		99.1		Press Release issued February 3, 2016, “Rudolph Announces Win in Patent Infringement Lawsuit against 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: February 5, 2016	By: /s/ Michael P. Plisinski
	Michael P. Plisinski Chief Executive Officer

Exhibit 99.1

Rudolph Announces Win in

Patent Infringement Lawsuit against Camtek

Judgment rendered in first of three patent infringement lawsuits

Flanders, New Jersey (February 3, 2016)—Rudolph Technologies, Inc. (NYSE: RTEC) announced today that the U.S. Court of Appeals for the Federal Circuit has affirmed a lower court decision that Camtek, Ltd. infringed Rudolph’s U.S. Patent No. 6,826,298. The U.S. District Court of the District of Minnesota reinstated a finding of infringement against Camtek’s Falcon inspection system, a decision that Camtek had appealed in 2015. The District Court awarded damages in excess of $14.5 million and imposed a permanent injunction that prohibits Camtek from “making, using, selling and offering to sell any of its Falcon machines and any machines that are colorable imitations thereof in the United States, intended for sale and use within the United States, until the expiration of the ‘6,298 patent.”

”We are pleased that the Federal Court of Appeals affirmed the lower court’s decision in this case so quickly after the hearing held on February 1,” commented Robert Koch, Rudolph’s vice president and general counsel. “As we have asserted from the beginning of this matter, Camtek has been using Rudolph’s proprietary technology. This decision is extremely gratifying in that it clearly validates Rudolph’s position and holds Camtek accountable for its use of our patented technology in its tool offering.”

Rudolph continues to assert its intellectual property rights against Camtek to ensure that their prohibited use of Rudolph’s proprietary, patented technology ends. Rudolph is actively prosecuting additional lawsuits against Camtek over their Condor, Gannet and Eagle products both under the judicially validated ‘6,298 patent and an additional patent. In these further lawsuits, Rudolph seeking both monetary damages and a permanent injunction against the sale of those items in the United States.

For more information about Rudolph, please visit www.rudolphtech.com.

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, 2014 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 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