Filed by Aixtron Aktiengesellschaft pursuant to
Rule 425 under the Securities Act of 1933 and
deemed filed pursuant to Rule 14a-12 under
the Securities Exchange Act of 1934
Subject Company: Genus, Inc.
Subject Company’s Exchange Act File No.: 0-17139
Aixtron Aktiengesellschaft (“Aixtron”) made the following public disclosure in Germany:
Receipt of Another Contestation Suit(Anfechtungsklage) in respect of Charter Amendment
Aachen, Germany – November 11, 2004 - Another two shareholders have filed a single contestation suit with the Regional Court (Landgericht) Aachen against the resolution adopted by the Extraordinary Shareholders’ Meeting of AIXTRON AG on September 30, 2004 in respect of agenda item 1 relating to the amendment of the Company’s Articles of Association (Satzung) permitting the creation of authorized capital I (Schaffung genehmigten Kapitals I). There is now a total of four contestation suits pending against the resolution adopted by the Extraordinary Shareholders’ Meeting in respect of the amendment of the Company’s Articles of Association permitting the creation of authorized capital I.
Additional Information
AIXTRON entered into a definitive merger agreement with Genus, Inc. on July 1, 2004. AIXTRON plans to file a registration statement on Form F-4 with the U.S. Securities and Exchange Commission, or SEC, which will include a prospectus of AIXTRON and a proxy statement of Genus. Investors and security holders are urged to read the proxy statement/prospectus regarding the business combination transaction referenced in the foregoing information, when it becomes available, because it will contain important information. The proxy statement/prospectus will be filed with the SEC by AIXTRON. Investors and security holders may obtain a free copy of the proxy statement/prospectus (when it becomes available) and other documents filed by AIXTRON with the SEC at the SEC’s website at www.sec.gov. The proxy statement/prospectus (when it is available) and these other documents may also be obtained for free from AIXTRON by directing a request to AIXTRON Investor Relations at Kackertstr.15-17, 52072 Aachen, +49 241 8909 444.
Certain Participants
AIXTRON and its directors and executive officers may be deemed to be participants in the solicitation of proxies from the shareholders of Genus in connection with the merger. Information regarding the special interests of these directors and executive officers in the merger will be included in the proxy statement/prospectus described above.