VELDHOVEN, The Netherlands -- A series of legal disputes between ASM Lithography NV and Nikon Corp., that have already ranged across several U.S. courtrooms is growing more intense as ASML has filed a law suit alleging patent infringement against Nikon in the district court in Tokyo. The case has been brought after a court in California ruled on July 19, 2002, that claims by ASML against Nikon for alleged patent misconduct and alleged antitrust violations could proceed. The California case is expected to come to trial in 2004.
In Tokyo, ASML is seeking an injunction against Nikon to cease the manufacture and sale of lithography systems that infringe on an ASML patent that covers wafer handling and moving wafers through the lithography system. ASML is also asking for about $95 million of damages from Nikon.
ASML did not give the patent number or title of the patent.
The current patent infringement claim in Japan represents the third complaint ASML has filed against Nikon in the past five months, the company said. It also comes after Nikon had sought to prevent ASML shipping certain tools to the U.S. by alleging patent infringement and complaining to the U.S. International Trade Commission (ITC)(see Dec. 21, 2001 story ).
"ASML prefers to fight and win in the marketplace, not in the courtroom. However, Nikon has chosen to litigate rather than compete," said Doug Dunn, president and chief executive officer of ASML, in a statement. "Their unjust claim to our intellectual property will be vigorously contested."
The hearing between ASML and Nikon in the ITC proceeding is scheduled to begin in Washington D.C. on September 4, 2002.
ASML's counterclaims against Nikon in the ITC for patent infringement have been removed to the Arizona district court. This case is expected to proceed to trial in 2004.
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