Xspect Negotiates Settlement in Hexagon Lawsuit
WIXOM,
MI, Jun 29, 2009 - Xspect Solutions, Inc., a subsidiary of Wenzel Prazision,
GmbH, and the largest and fastest growing family owned CMM manufacturer has
agreed to certain terms following unproven accusations cited in the original
lawsuit filing (by Hexagon).
PC-DMIS Software Engineer, employed by PC-DMIS Developer Wilcox &
Associates, failed to inform of Non-Compete Employment Clause when
soliciting employment with Xspect Solutions; ex-employee actions results in
withdrawal of Xspect employment offer and subsequent filing of lawsuit
against both former employee and Xspect Solutions, Inc by Hexagon.
Under the terms of the settlement Xspect Solutions, Inc has agreed to the
following:
- Not to solicit the employment of Hexagon technical personal; all
other Hexagon employees are free to be engaged in lawful employment by
Xspect and Wenzel Group Companies. This limited restriction, in any
event, is only in force until February 2011.
- From developing any PC-DMIS TRANSLATION utility and developing,
marketing or selling any PC-DMIS EXECUTION utility until February 2010.
Xspect Solutions and Wenzel Group Companies are permitted to continue
its successful marketing and sales efforts of a 3rd Party developed PC-DMIS
Translation software. Such products allow existing PC-DMIS customers to
migrate their existing inspection part programs into the ISO Standard
DMIS format thereby unlocking the programs to be executed in the highly
respected Xspect Solutions OpenDMIS software or any other metrology
Software fully supporting the DMIS International Standard CMM
programming language allowing full and seamless interoperability. DMIS
is both vendor and technology independent. For more information, visit
www.dmis.org.
- Xspect Solutions is free to release any new versions of software
with an imbedded PC-DMIS Translation and/or PC-DMIS Execution utility.
However if the release occurs prior to July 2011 it agrees to provide a
one month advance notice of release to Wilcox and submit user manuals,
comprehensive documentation and a temporary demonstration license to
Wilcox for evaluation.
- Xspect Solutions has warranted that it does not have, nor did it
ever have any confidential, proprietary or trade secret information
belonging to Hexagon or its Group Companies. Nonetheless, Xspect
Solutions further agreed to refrain from ever developing any product or
providing any services involving the use of Wilcox’s, Hexagon Metrology,
Inc.’s, or Hexagon Holdings, Inc.’s confidential, proprietary, or trade
secret information or property.
Under the terms of the settlement Wenzel Group GmbH & Co. KG, Wenzel
Prazision GmbH, and Wenzel Metromec AG have agreed to be enjoined, directly
or indirectly.
The ex-employee of Wilcox & Associates, who never actually commenced
employment at Xspect Solutions, has agreed to be bound by a separate set of
terms in the joint settlement agreement.
About Xspect Solutions Inc.
Xspect Solutions, founded in 2002, has carved-out a significant market
share for Wenzel Coordinate Measuring Machines (CMM) in the USA market; the
CMM market is mature and has not grown for many years and thus Wenzel’s
market share has been secured at the expense of the traditional CMM supply
base; much of which has been consolidated into a single entity by Hexagon
over the past decade. Wenzel Customers, for its intrinsically accurate,
metrology stable of CMMs include John Deere, General Electric, Messier Dowty,
Boeing, Honda, Karmann, Electro-Motive, Delphi, Magna, Tesla Motors, Unison
and is a major supplier of high accuracy CMMs to the Wind Energy industry.
In addition Xspect Solutions is involved in the redeployment of pre-owned
CMMs as manufacturing industries consolidate, and is the world’s largest
supplier of used CMMs under its Xsperienced brand name. The redeployment of
remanufactured CMMs by Xspect has further negatively impacted the demand for
new CMMs from the USA market.
Xspect Solutions new Wenzel and Xsperienced CMMs are supplied with the 32
bit CAD immersed OpenDMIS software which runs the DMIS Standard as its
internal programming language ensuring a customers investment in inspection
part programs is not ‘locked’ inside proprietary metrology software
preventing seamless interoperability. The lack of interoperability in the
metrology industry is estimated to cost manufacturing industry in excess of
$600 million annually. (Source AIAG – Automotive Industry Action Group)
For more information, visit
www.xspectsolutions.com.
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