Nikon extends legal battle against ASML into Japan, Korea

Nikon extends legal battle against ASML into Japan, Korea
TOKYO — Increasing its legal assault against its rival, wafer stepper maker Nikon Corp. filed patent-infringement complaints against ASML Holding BV (Veldhoven, Netherlands) in Japan and South Korea this week, following moves initiated last year in U.S. courts and with the U.S. International Trade Commission.

Nikon filed a claim in Tokyo District Court on Monday (Oct. 7) asserting that ASML infringes 12 patents related to steppers and scanners. And in a claim filed Tuesday (Oct. 8) in Seoul District Court, Nikon charged ASML and three affiliated companies with infringing five of its patents in Korea.

Nikon is seeking an injunction against ASML and its affiliate companies to cease the import and sale of machines in Japan and Korea that infringe its patents. Nikon is also seeking monetary damages. Nikon's complaint filed with the ITC similarly seeks to bar the import and sale in the United States of products said to infringe its patents.

The patents in question relate to primary structures in stepper and scanner machines, Nikon said.

Nikon filed similar complaints before the ITC and in the U.S. District Court for the Northern District of California last December. In those cases, Nikon said ASML infringes seven U.S. patents concerning microlithographic equipment. Nikon is seeking an exclusion order from the ITC that would prevent the importation by ASML of infringing stepper and scanner machines, and is seeking an infringement injunction and monetary damages at the California court.

In response to those moves, ASML has denied the validity of Nikon's patents and filed a separate antitrust and patent infringement claim in April. ASML claimed that Nikon is violating antitrust laws by trying to excluding competitors from the market, and charged Nikon with infringing five ASML patents in the United States.

ASML then filed a suit in Japan in Tokyo District Court charging Nikon with infringing an ASML patent related to a wafer handler and seeking to have Nikon cease manufacturing of the allegedly infringing systems.

Nikon is the dominant stepper and scanner supplier, and ASML and Canon Inc. are leading players. Their multiple legal battles are being closely watched by industry to see how they will be resolved.

The ITC has already completed its investigation and will announce its results on Jan. 29 next year. A provisional ruling on an exclusion order could be made at that time.