The actions are being taken against Dutch semiconductor lithography system manufacturer ASML Holding NV and its related companies (ASML), and by ASML’s optical component supplier Carl Zeiss SMT GmbH (Zeiss). The basis of Nikon’s claim is that ASML and Zeiss employ Nikon’s patented technology in ASML’s lithography systems, which are used globally to manufacture semiconductors, without Nikon’s permission, thereby infringing Nikon’s patents.
Global actions
Nikon has initiated 11 patent infringement cases against ASML in the District Court of The Hague in the Netherlands and is filing patent infringement cases against ASML in Tokyo District Court in Japan and against Zeiss in Mannheim, Germany where the company manufactures optical components used in ASML’s immersion lithography systems that are the subjects of these suits.
Essential
Immersion lithography technology, which Nikon pioneered in the early 2000s, has become essential in fabricating the state-of-the-art semiconductors used in smartphones, memory chips and countless other products. Today, ASML and Nikon are the only companies in the world that make and sell immersion lithography systems.
Patented technology
According to ASML’s publicly reported data for 2016, 76.3 per cent of its sales in the year ended December 2016, or approximately €3.5 billion, was derived from immersion lithography systems sales. Nikon believes these systems use Nikon's patented technology. The complaints seek injunctions barring ASML’s and Zeiss’s sale and distribution of these systems, as well as damages.
Respect for IP
‘Through substantial and sustained investment in R&D, Nikon has developed advanced lithography technologies, including immersion lithography technology, that have revolutionized the semiconductor industry,’ said Kazuo Ushida, President, Representative Director of Nikon. ‘We firmly believe that ASML’s unauthorized use of Nikon patents on our most advanced technologies, including immersion lithography technology, has enabled ASML to expand its lithography business. Respect for intellectual property is fundamental to fair and healthy competition, and is essential to promoting innovations that provide society with the most advanced products and services. That is why we have decided to commence this litigation.’
Previous case
Nikon previously brought legal actions against ASML and Zeiss in relation to unauthorised use of its patented technology. Previous cases in the United States were settled on terms favorable to Nikon, a statement from the firm said.
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