ASML hits back at Nikon in patent clash
ASML, a manufacturer of semiconductor lithography systems, has bitten back at Japan-based Nikon with a series of patent infringement claims.
Last week, WIPR reported that Nikon had sued ASML and its optical component supplier Carl Zeiss (a company) in the Netherlands, Germany and Japan, accusing the companies of using Nikon’s patented technology in ASML’s lithography systems.
On Friday, April 28, ASML said that it has filed claims against Nikon for infringement of more than ten patents covering a range of products in the fields of cameras.
The manufacturer filed suits in Japan—on its own and jointly with Carl Zeiss—and in the US.
Peter Wennink, ASML president and CEO, said: “We have no choice but to file these countersuits. We have tried for many years to come to a cross-licence agreement that reflects the increased strength of our patent portfolio.”
He added that Nikon had “never seriously participated” in negotiations and that ASML had been confronted with Nikon’s claims of “supposed patent infringement” before.
In 2001, Nikon complained to the US International Trade Commission (ITC), alleging that ASML had unlawfully imported stepper and scanner machines into the US.
According to Wennink, the ITC found no violation.
“ASML and Nikon subsequently settled in a cross-licence agreement that allowed both companies to focus on further developing products and serving chip makers without the unnecessary distraction of an IP dispute,” he said.
As part of the cross-licence agreement, some of the older patents were licensed permanently and some patents with a later filing date were licensed for a limited period until December 31, 2009.
A spokesperson for Nikon said: “ASML and Zeiss’s retaliatory lawsuits are a predictable litigation tactic. Nikon has evaluated ASML’s and Zeiss’s lawsuits and we are confident that their claims are baseless and have no merit.”
It added that with regard to the camera patents at issue, ASML is not a camera company.
Nikon believes that ASML acquired the patents from third parties and is now asserting them purely for litigation purposes.
“In contrast, through substantial and sustained research and development, Nikon developed and patented advanced lithography technologies and we believe anyone wishing to use these technologies should agree to appropriate licensing terms,” they said.
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