PARAGON TECHNOLOGIES
SETTLES LITIGATION WITH COMPETITOR
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EASTON, PA — February 17, 2004 -- Paragon Technologies, Inc. (“Paragon” or “the Company”) (AMEX:PTG),
a leading supplier of “smart” material handling solutions, including
systems, technologies, products and services, announced today that it
recently settled litigation with a competitor.
In July 2003, a competitor filed an action against the Company in the
United States District Court for the District of New Jersey alleging,
among other things, that certain of the Company’s products infringed
patents held by the competitor. The
competitor was seeking monetary damages and injunctive relief against
the Company. Paragon denied the material allegations of the
complaint, asserted counterclaims against the competitor, and instructed
counsel to defend the Company against all charges. During the third quarter of 2003, Paragon accrued
an estimate of $1,020,000 for defense costs associated with the resolution
of the action filed against the Company.
On February 10, 2004, a settlement was reached between the Company and
the competitor. This settlement
is a compromise of disputed claims and should not be construed as an
admission by any of the parties to this litigation of any wrongdoing. Under the settlement, the competitor dismissed
the action and agreed that the Company’s products involved in the litigation
are immune from suit for infringement of any of the competitor’s intellectual
property rights. In exchange,
Paragon agreed to dismiss its counterclaims and paid the competitor
$1,125,000.
Len Yurkovic, President and CEO of Paragon Technologies, states, “We are
pleased that this matter has been brought to a swift conclusion and
the controversy resolved between the parties.
The Settlement Agreement removes the uncertainty of litigation
outcome and its possible adverse effects on future performance, and
it also eliminates the time, inconvenience and distraction of protracted
litigation as we strive to enhance shareholder value.”
About Paragon Technologies
Paragon Technologies is a
leader in integrating material handling systems and creating automated
solutions for material flow applications. Ermanco’s branded conveyor
technologies and material handling solutions address the needs of the
distribution, assembly, and manufacturing marketplace. SI Systems’ branded
technologies and material handling solutions address unit assembly handling and
order fulfillment applications. One of the top material handling systems
suppliers worldwide, Paragon’s leading clients have included the United States
Postal Service, General Motors, IBM, BMG, DaimlerChrysler, Ford, Peterbilt,
Harley-Davidson, Walgreens, and Clark Equipment.
Cautionary Statement. Certain
statements contained herein are not based on historical fact and are "forward-looking
statements" within the meaning of the Private Securities Litigation Reform
Act of 1995 and the Securities and Exchange Commission rules, regulations and
releases. Paragon intends that such forward-looking statements be subject to the
safe harbors created hereby. Among other things, the forward-looking statements
regard Paragon's earnings, liquidity, financial condition, and certain operational
matters. Words or phrases denoting the anticipated results of future events, such
as "anticipate," "does not anticipate," "should help
to," "believe," "estimate," "is positioned,"
"expects," "may," "will," "is expected,"
"should," "continue," and similar expressions that denote
uncertainty, are intended to identify such forward-looking statements. Paragon's
actual results, performance, or achievements could differ materially from the
results expressed in, or implied by, such "forward-looking statements:"
(1) as a result of risks and uncertainties associated with Paragon's restructuring,
including the failure to achieve anticipated operating savings, and the possibility
that the restructuring charges will be greater than anticipated; (2) as a result
of factors over which Paragon has no control, including the strength of domestic
and foreign economies, sales growth, competition, and certain cost increases;
or (3) if the factors on which Paragon's conclusions are based do not conform
to its expectations.
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