Nikon and ASML spat continues

NIKON WILL APPEAL against an International Trade Commission judge's ruling that ASM Lithography can continue to sell its machines in the US. The fight is over equipment used to make chips, the companies are two of the three biggest in that sector. It all broke out over both sides accusing the other of infringing patents.

The two have been bitter rivals for some time and who started what is beginning to be lost in the mists of time. Nikon filed a patent infringement suit against ASML and asked the ITC to bar them from importing equipment into the US. Not to be outdone, ASML filed a patent infringement suit against Nikon and tried to block them from importing equipment into Japan.

Now an ITC judge has issued an Initial Determination that ASML can continue to sell its machines in the US and Nikon has stated its intention to appeal the decision. ASML claims that it "prefers to fight and win in the marketplace, not in the courtroom. However, Nikon has chosen to litigate rather than compete." Meanwhile Nikon claims that it is "committed to provide the leading products to customers in the semiconductor industry through fair competition in the marketplace." The truth seems to be that both would rather duke it out in court than in the marketplace.

You can find an earlier story on the hostilities here. The row is likely to continue for some time and, as with so many other cases, we suspect the only winners will be the lawyers who will be laughing all the way to the bank. µ