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Nikon will appeal ITC Judge’s decision

BELMONT, Calif. and TOKYO, Japan–Jan. 29, 2003–Nikon’s corporate Nikon Corporation of Japan and its wholly-owned subsidiaries located in Belmont, California, Nikon Precision Inc. and Nikon Research Corporation of America, announced on 29 January, 2003 EST that an Administrative Law Judge with the U.S. International Trade Commission (“ITC”) has issued his Initial Determination in the ITC investigation 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”) pursuant to section 337 of the Tariff Act of 1930.

In his Initial Determination, the Administrative Law Judge recommended that Nikon’s request for an exclusion order barring ASML from importing its machines into the United States be denied.

The Administrative Law Judge’s Initial Determination is subject to review by the ITC. Nikon believes that the Initial Determination made by the Administrative Law Judge is erroneous, and thus Nikon intends to file a petition seeking review by the ITC. Based on the evidence presented during the investigation, Nikon strongly believes that the Final Determination by the ITC, which is now due to be issued on or about April 29, 2003, will be made in Nikon’s favor.

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.

For inquiry in Japan, please contact Toshiyuki Masai or Yasuhiro Katagiri, Corporate Communications Department, Nikon Corporation, Tokyo (Phone 03-3216-1032).


For inquiry in the United States:
Frank Masciocchi
Vice President Sales and Marketing
Nikon Precision Inc.
Belmont, California
(650) 508 4618