BELMONT, Calif. March 17, 2003 — Nikon Corporation of Japan and its wholly-owned subsidiaries located in Belmont, California, Nikon Precision Inc. and Nikon Research Corporation of America, announced on 17 March, 2003 EST that the U.S. International Trade Commission (“ITC”) has decided not to review the Initial Determination made by an Administrative Law Judge on 29 January, 2003 in the ITC investigation pursuant to section 337 of the Tariff Act of 1930 based on Nikon’s complaint against ASM Lithography Holding, N.V., ASM Lithography B.V., both Dutch corporations, and ASM Lithography, Inc., a U.S. company wholly-owned by ASM Lithography Holding, N.V., (“ASML”).
By declining to review the Initial Determination, the ITC adopts the findings of the Initial Determination as its Final Determination. Nikon intends to appeal to the Court of Appeals for the Federal Circuit, and is confident of ultimately receiving a favorable ruling.
Nikon is also pursuing patent infringement cases against ASML in the Federal District Court for the Northern District of California. The Commission’s decision is not binding on the Federal District Court. Nikon intends to vigorously pursue the District Court cases and is confident it will ultimately prevail in them.
As a corporate objective, Nikon is committed to provide the leading products to customers in the semiconductor industry through fair competition in the marketplace based on the premise that each competitor respects the intellectual property rights of the other competitors. Nikon will continue to pursue this objective, and intends to continue to vigorously protect its intellectual property rights.
Toshiyuki Masai or Yasuhiro Katagir
Nikon Corporation, Tokyo
Frank D. Masciocchi
Vice President, Sales and Marketing
Nikon Precision Inc.