ASML files patent infringement lawsuits against Nikon
April 28 2017 - 4:45AM
ASML forced to go to
court after Nikon fails to seriously negotiate
VELDHOVEN, the Netherlands, 28 April 2017 - ASML
today announced that it is filing initial legal claims against
Nikon for infringement of more than 10 patents, related to a broad
range of products in the fields of semiconductor manufacturing
equipment, flat panel display manufacturing equipment and digital
cameras. This follows Nikon's announcement on April 24, 2017, that
it has sued ASML. ASML categorically denies infringing any of
Nikon's patents.
ASML has today filed suits in Japan, both on its
own and jointly with its strategic partner ZEISS. Additional suits
will be brought in the United States.
Peter Wennink, ASML President and Chief Executive
Officer, said: "We have no choice but to file these countersuits.
We have tried for many years to come to a cross-license agreement
that reflects the increased strength of our patent portfolio.
Unfortunately, Nikon has never seriously participated in
negotiations. Now that Nikon has decided to take this dispute to
court, we also have to enforce our patent portfolio, and we will do
this as broadly as possible."
ASML has been confronted with Nikon's claims of
supposed patent infringement before. In 2001, Nikon went to the
United States International Trade Commission (US ITC). Two years
later, the Commission found no violation and ASML won on all 15
accounts. ASML and Nikon subsequently settled in a cross-license
agreement that allowed both companies to focus on further
developing products and serving chipmakers, without the unnecessary
distraction of an intellectual property dispute. Some patents were
perpetually licensed; for others, the license period ended on 31
December 2009. A transitional period, during which the parties had
agreed not to bring suit, ended on 31 December 2014. Nikon's patent
portfolio was larger than the portfolio of ASML and ZEISS in 2004,
a situation which is now reversed.
Over the last decade, ASML has been very
successful in the market place and is recognized as a technology
leader due to its ability to deliver superior value and system
performance. Through sustained high investment in Research and
Development totaling more than EUR 8 billion since 2004, ASML built
up a strong portfolio of more than 10,000 patent rights. The
application of these innovations has been adopted by all of the
world's largest chipmakers.
About ASML
ASML is one of the world's leading manufacturers of chip-making
equipment. Our vision is to enable affordable microelectronics that
improve the quality of life. To achieve this, our mission is to
invent, develop, manufacture and service advanced technology for
high-tech lithography, metrology and software solutions for the
semiconductor industry. ASML's guiding principle is continuing
Moore's Law towards ever smaller, cheaper, more powerful and
energy-efficient semiconductors. This results in increasingly
powerful and capable electronics that enable the world to progress
within a multitude of fields, including healthcare, technology,
communications, energy, mobility, and entertainment. ASML is a
multinational company with offices in 60 cities in 16 countries,
headquartered in Veldhoven, the Netherlands. We employ more than
17,000 people on payroll and flexible contracts (expressed in full
time equivalents). ASML is traded on Euronext Amsterdam and NASDAQ
under the symbol ASML. More information about ASML, our products
and technology, and career opportunities is available on
www.asml.com.
Media Relations
Contacts
Netherlands: Lucas van Grinsven +31 6 1019 9532, Monique Mols +31 6
5284 4418, Niclas Mika +31 6 201 528 63
United Kingdom (Brunswick): Chris Blundell, Ambre Tanty-Lamothe +44
207 404 5959
Germany (Brunswick): Oliver Thompson +49 69 2400 5539
United States (ASML): Brittney Wolff-Zatezalo +1 408 483
3207
United States (Brunswick): Eric Savitz +1 415 671 7676
China (Brunswick): Ziya Yang +86 10 5960 8623
Taiwan (ASML): Karen Lo +88636236639
Taiwan (Brunswick): Teresa Li +852 3512 5043
Japan (Pathfind): Hiryoyuki Sera +81-3-6721-5095,
sera@pathfind.co.jp
South Korea (ASML): Jay Kim +82 10 8972 0633
South Korea (Signature): Nuri Hwang +82 2 364 7001,
nuri@thesignature.co.kr
Brunswick can also be contacted at
ASML@brunswickgroup.com
Investor Relations
Contacts
United States: Craig DeYoung, +1 480 696 2762
Netherlands: Marcel Kemp, +31 40 268 6494
Forward Looking
Statements
This press release contains forward looking statements, including
statements relating to Nikon's actions against us and our actions
against Nikon, statements about our view on the merits of any claim
against us or against Nikon, our defenses in such proceedings and
the potential impact of such claims on the semiconductor industry.
You can generally identify these statements by the use of words
like "may", "will", "could", "should", "project", "believe",
"anticipate", "expect", "plan", "estimate", "forecast",
"potential", "intend", "continue", "targets", "commits to secure"
and variations of these words or comparable words. These statements
are not historical facts, but rather are based on current
expectations, estimates, assumptions and projections and you should
not place undue reliance on them. Forward-looking statements do not
guarantee future performance and involve risks and uncertainties.
Potential adverse outcomes of patent litigation may include,
without limitation, payment of significant monetary damages,
injunctive relief prohibiting the sale of products, and/or
settlement involving significant costs, any of which may have a
material adverse effect on our business, financial condition and/or
results of operations. In addition, patent litigation could result
in us incurring substantial legal fees and could divert the
attention of key management and technical personnel and we are
unable to predict the outcome of any claims at this time. Other
risks and uncertainties include, without limitation, risks
indicated in the risk factors included in ASML's Annual Report on
Form 20-F and other filings with the US Securities and Exchange
Commission. These forward-looking statements are made only as of
the date of this document. We do not undertake to update or revise
the forward-looking statements, whether as a result of new
information, future events or otherwise.
This
announcement is distributed by Nasdaq Corporate Solutions on behalf
of Nasdaq Corporate Solutions clients.
The issuer of this announcement warrants that they are solely
responsible for the content, accuracy and originality of the
information contained therein.
Source: ASML Holding via Globenewswire
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