Matthews International Corporation (NASDAQ GSM: MATW) (“Matthews”
or the “Company”) today announced that a U.S. District Court Judge
has issued an order denying Tesla’s renewed request to block
Matthews’ right to sell its innovative DBE solutions to existing
and potential global customers. The Company issued the following
statement:
On February 6, 2025, Matthews
announced the favorable ruling in arbitration against Tesla, which
reaffirmed the Company’s right to sell its proprietary dry battery
electrode technology (“DBE”) to customers around the world. Since
that date, Tesla has responded by filing two additional legal
attacks – in less than seven days – in the United Stated District
Court for the Northern District of California, attempting to
re-litigate issues that have already been decided in Matthews’
favor.
On Friday, February 14, 2025, U.S.
District Court Judge Edward Davila issued an order denying Tesla’s
request for a temporary restraining order attempting to block
Matthews’ right to sell its innovative DBE offerings.
Within hours of arguing the temporary
restraining order motion before Judge Davila in California, Tesla
filed yet another lawsuit in Federal Court against Matthews.
Tesla’s latest complaint filed in the United States District Court
for the Northern District of California is also meritless and
appears to be nothing more than Tesla’s latest bullying tactic
against Matthews. Matthews will vigorously defend this additional
lawsuit while pursuing in parallel claims against Tesla for its
wrongful conduct.
Over 25 years ago, before Tesla even
existed as a company, Matthews’ engineers began the development of
breakthrough technology that forms the basis of its DBE solutions
which streamline production of lithium-ion batteries and
significantly reduce production costs of electric vehicles. It is
Matthews’ extensive research and development in this area that led
to U.S. Patent No. 12,136,727 – not Tesla’s. Five years ago, Tesla
came to Matthews seeking engineering solutions and access to our
valuable intellectual property and trade secrets as well as our
global engineering talent.
Matthews, celebrating its 175th year
of continuous operation, will continue to vigorously defend against
Tesla’s unfounded assault on its rights to sell – and further
develop – its innovative technology.
About Matthews International
Matthews International Corporation is a global provider of
memorialization products, industrial technologies, and brand
solutions. The Memorialization segment is a leading provider of
memorialization products, including memorials, caskets,
cremation-related products, and cremation and incineration
equipment, primarily to cemetery and funeral home customers that
help families move from grief to remembrance. The Industrial
Technologies segment includes the design, manufacturing, service
and sales of high-tech custom energy storage solutions; product
identification and warehouse automation technologies and solutions,
including order fulfillment systems for identifying, tracking,
picking and conveying consumer and industrial products; and coating
and converting lines for the packaging, pharma, foil, décor and
tissue industries. The SGK Brand Solutions segment is a leading
provider of packaging solutions and brand experiences, helping
companies simplify their marketing, amplify their brands and
provide value. The Company has over 11,000 employees in more than
30 countries on six continents that are committed to delivering the
highest quality products and services.
YOUR VOTE IS IMPORTANT! |
|
Your vote is important, and we ask that you please vote
“FOR” the election of our three nominees: Terry L.
Dunlap, Alvaro Garcia-Tunon and J. Michael Nauman using the
WHITE proxy card and “WITHHOLD”
on Barington’s nominees.Simply follow the easy instructions on the
enclosed WHITE proxy card to vote by
internet or by signing, dating and returning the
WHITE proxy card in the postage-paid envelope
provided. If you received this letter by email, you may also vote
by pressing the WHITE “VOTE NOW” button
in the accompanying email. The Board of Directors urges you to
disregard any such materials and does not endorse any of
Barington’s nominees. If you have any questions or
require any assistance with voting your shares, please call the
Company’s proxy solicitor at: |
|
(888) 755-7097 or email
MATWinfo@Georgeson.com |
|
Additional Information
In connection with the Company’s 2025 Annual Meeting, the
Company has filed with the U.S. Securities and Exchange Commission
(“SEC”) and commenced mailing to the shareholders of record
entitled to vote at the 2025 Annual Meeting a definitive proxy
statement and other documents, including a WHITE proxy card.
SHAREHOLDERS ARE ENCOURAGED TO READ THE DEFINITIVE PROXY STATEMENT
(INCLUDING ANY AMENDMENTS OR SUPPLEMENTS THERETO) FILED BY THE
COMPANY AND ALL OTHER RELEVANT DOCUMENTS WHEN FILED WITH THE SEC
AND WHEN THEY BECOME AVAILABLE BECAUSE THOSE DOCUMENTS WILL CONTAIN
IMPORTANT INFORMATION. Investors and other interested parties will
be able to obtain the documents free of charge at the SEC’s
website, www.sec.gov, or from the Company at its website:
http://www.matw.com/investors/sec-filings. You may also obtain
copies of the Company’s definitive proxy statement and other
documents, free of charge, by contacting the Company’s Investor
Relations Department at Matthews International Corporation, Two
NorthShore Center, Pittsburgh, Pennsylvania 15212-5851, Attention:
Investor Relations, telephone (412) 442-8200.
Participants in the Solicitation
The participants in the solicitation of proxies in connection
with the 2025 Annual Meeting are the Company, Alvaro Garcia-Tunon,
Gregory S. Babe, Joseph C. Bartolacci, Katherine E. Dietze, Terry
L. Dunlap, Lillian D. Etzkorn, Morgan K. O’Brien, J. Michael
Nauman, Aleta W. Richards, David A. Schawk, Jerry R. Whitaker,
Francis S. Wlodarczyk, Steven F. Nicola and Brian D. Walters.
Certain information about the compensation of the Company’s
named executive officers and non-employee directors and the
participants’ holdings of the Company’s Common Stock is set forth
in the sections entitled “Compensation of Directors” (on page 36
and available here), “Stock Ownership of Certain Beneficial
Owners and Management” (on page 64 and available here),
“Executive Compensation and Retirement Benefits” (on page 66 and
available here), and “Appendix A” (on page A-1 and
available here), respectively, in the Company’s definitive
proxy statement, dated January 7, 2025, for its 2025 Annual Meeting
as filed with the SEC on Schedule 14A, available here.
Additional information regarding the interests of these
participants in the solicitation of proxies in respect of the 2025
Annual Meeting and other relevant materials will be filed with the
SEC when they become available. These documents are or will be
available free of charge at the SEC’s website
at www.sec.gov.
Forward-Looking Statements
Any forward-looking statements contained in this release are
included pursuant to the “safe harbor” provisions of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements include, but are not limited to, statements regarding
the expectations, hopes, beliefs, intentions or strategies of the
Company regarding the future, including statements regarding the
anticipated timing and benefits of the proposed joint venture
transaction, and may be identified by the use of words such as
“expects,” “believes,” “intends,” “projects,” “anticipates,”
“estimates,” “plans,” “seeks,” “forecasts,” “predicts,”
“objective,” “targets,” “potential,” “outlook,” “may,” “will,”
“could” or the negative of these terms, other comparable
terminology and variations thereof. Such forward-looking statements
involve known and unknown risks and uncertainties that may cause
the Company’s actual results in future periods to be materially
different from management’s expectations, and no assurance can be
given that such expectations will prove correct. Factors that could
cause the Company’s results to differ materially from the results
discussed in such forward-looking statements principally include
the possibility that the terms of the final award to be issued by
the Arbitrator in the Tesla, Inc. (“Tesla”) dispute may differ from
the terms of the interim award issued by the Arbitrator and may be
challenged, our ability to satisfy the conditions precedent to the
consummation of the proposed joint venture transaction on the
expected timeline or at all, our ability to achieve the anticipated
benefits of the proposed joint venture transaction, uncertainties
regarding future actions that may be taken by Barington in
furtherance of its intention to nominate director candidates for
election at the Company’s 2025 Annual Meeting, potential
operational disruption caused by Barington’s actions that may make
it more difficult to maintain relationships with customers,
employees or partners, changes in domestic or international
economic conditions, changes in foreign currency exchange rates,
changes in interest rates, changes in the cost of materials used in
the manufacture of the Company’s products, including changes in
costs due to adjustments to tariffs, any impairment of goodwill or
intangible assets, environmental liability and limitations on the
Company’s operations due to environmental laws and regulations,
disruptions to certain services, such as telecommunications,
network server maintenance, cloud computing or transaction
processing services, provided to the Company by third-parties,
changes in mortality and cremation rates, changes in product demand
or pricing as a result of consolidation in the industries in which
the Company operates, or other factors such as supply chain
disruptions, labor shortages or labor cost increases, changes in
product demand or pricing as a result of domestic or international
competitive pressures, ability to achieve cost-reduction
objectives, unknown risks in connection with the Company’s
acquisitions divestitures, and business combinations, cybersecurity
concerns and costs arising with management of cybersecurity
threats, effectiveness of the Company’s internal controls,
compliance with domestic and foreign laws and regulations,
technological factors beyond the Company’s control, impact of
pandemics or similar outbreaks, or other disruptions to our
industries, customers, or supply chains, the impact of global
conflicts, such as the current war between Russia and Ukraine, the
Company’s plans and expectations with respect to its exploration,
and contemplated execution, of various strategies with respect to
its portfolio of businesses, the Company’s plans and expectations
with respect to its Board, and other factors described in the
Company’s Annual Report on Form 10-K and other periodic filings
with the U.S. Securities and Exchange Commission.
Matthews International CorporationCorporate
OfficeTwo NorthShore CenterPittsburgh, PA 15212-5851Phone: (412)
442-8200
Contacts
Matthews International Co.Steven F. Nicola
Chief Financial Officer and Secretary(412) 442-8262
Collected StrategiesDan Moore / Scott Bisang /
Clayton ErwinMATW-CS@collectedstrategies.com
Matthews (NASDAQ:MATW)
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Matthews (NASDAQ:MATW)
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