Nikon's ITC suit seeks to block ASML's key litho tools from entering U.S.

Nikon's ITC suit seeks to block ASML's key litho tools from entering U.S.
WASHINTON -- In a complaint that was recently filed at the U.S. International Trade Commission (ITC), Nikon Corp. says it is seeking to prevent ASML Holding N.V. from selling its leading-edge PAS 5500 and Twinscan family of lithography tools in the United States, according to documents filed at the ITC.

The move could impact ASML's U.S. customers, including Advanced Micro Devices, IBM Microelectronics, Intel, Micron, and others, according to analysts.

Late last year, Japan's Nikon and its U.S. subsidiary announced it had filed an ITC complaint against ASML, claiming ASML is infringing upon Nikon's lithography-tool patents. Nikon also filed a separate patent infringement suit against ASML in the U.S. District Court for the Northern District of California.

Nikon is asking the ITC to investigate ASML's alleged illegal importation of lithography tools in the United States. The Japanese company is also seeking an exclusion order from the ITC to prevent any further importation of ASML's "infringing stepper and scanner" tools in the U.S. market (see Dec. 21 story ).

When Nikon announced the suit, it did not provide any details. But according to the ITC documents, obtained by SBN this week, Nikon is attempting to prevent ASML from selling its key 8-inch and 300-mm lithography tools from entering the U.S. market.

The ITC compliant claims that ASML is infringing upon six of Nikon's patents. In effect, Nikon is seeking to block the following ASML tools from entering the U.S.: the PAS 5500/1100; PAS 5500/750F; PAS 5500/550D; PAS 5500/400C; Twinscan AT 750; Twinscan AT 700S; and Twinscan AT 400.

ASML's PAS 5500 line of exposure tools are 248- and 193-nm products geared for 8-inch fabs, while the new Twinscan models are 248- and 193-nm systems aimed for 8-inch and 300-mm plants.

"ASML PAS 5500 series steppers and scanner models and its Twinscan scanner models are microlithography machines which are imported and sold into the United States and infringe one or more patents in the suit," according to the ITC compliant.

According to the ITC suit, Nikon believes that ASML is infringing upon six of its lithography patents: 5,638,211; 6,233,041; 6,008,500; 6,271,640; 6,323,935; and 6,255,796.

The '211 and '041 patents involve special resolution and enhancing illumination techniques in tool designs, while the '500 and '640 patent revolve around exposure apparatus configurations that reduce vibrations. The '935 and '796 patents involve counterbalancing techniques that reduce tilting.

Stuart McIntosh, executive vice president of operations and president of the Lithography Division for ASML of Veldhoven, the Netherlands, declined to comment on the suit. "No comment," he said this week. Nikon could not be reached for comment.