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24 April 2017Patents

Nikon wages war on ASML over lithography technology

Japan-based Nikon has initiated a series of legal actions against ASML, a manufacturer of semiconductor lithography systems, in the Netherlands, Germany and Japan.

Nikon alleged that ASML and its optical component supplier Carl Zeiss (a company) had used Nikon’s patented technology in ASML’s lithography systems, according to an announcement released today.

“A semiconductor lithography system undertakes a process whereby highly complex circuit patterns drawn on a photomask made of a large glass plate are reduced using ultra-high-performance lenses and exposed onto a silicon substrate known as a wafer,” explained Nikon on a page about the technology.

Immersion lithography is used in manufacturing of integrated circuits by replacing the usual air gap between the final lens and wafer surface with a liquid medium.

It is essential in fabricating semiconductors that are used in smartphones, memory chips and other products, according to Nikon.

ASML and Nikon are the only companies in the world that make and sell immersion lithography systems, according to the statement.

“Nikon has met with ASML and Zeiss with the aim of reaching a resolution of these issues, but those efforts, guided by a highly experienced mediator, have failed to produce a settlement,” it added.

The “continued unauthorised” use of Nikon’s patented technology has given Nikon no alternative but to enforce its legal rights in the courts, said the Japan-based company.

Nikon initiated 11 patent infringement cases against ASML in the District Court of The Hague in the Netherlands, is filing patent infringement cases against the company in the Tokyo District Court in Japan, and is taking action against Zeiss in Mannheim, Germany.

Kazuo Ushida, president, representative director of Nikon, said: “We firmly believe that ASML’s unauthorised use of Nikon patents on our most advanced technologies, including immersion lithography technology, has enabled ASML to expand its lithography business.”

Nikon is seeking injunctions barring ASML’s and Zeiss’s sale and distribution of these systems, as well as damages.

Nikon has previously brought legal action against ASML and Zeiss in the US, where a settlement was reached in 2004.

The companies entered into cross-licence agreements, with some older patents being licensed permanently and some patents with a later filing date being licensed for a limited period until December 31, 2009.

Peter Wennink, ASML president and CEO, said: “Nikon’s litigation is unfounded, unnecessary and creates uncertainty for the semiconductor industry.”

He added that over the past years, ASML has made repeated attempts to negotiate an extension of its cross-licence agreement with Nikon.

“We are disappointed that Nikon did not make any serious efforts to negotiate and has opted for legal action instead,” he said.

“This sort of unnecessary patent litigation distracts from what is truly important: driving technology forward for the benefit of chip makers. We should compete in the marketplace and not in court.”

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