On February 4, Tokyo Customs officially accepted a petition filed by Hitachi High-Technologies Corporation (TOKYO: 8036, Hitachi High-Tech) on August 9, 2010 to prohibit the import of FIB/SEM systems produced by U.S.-based FEI Company to Japan based on claims that the FEI/SEM systems produced by FEI Company violated its rights with respect to patents held for mico-sampling technology used in its focused ion beam systems (namely, Japan Patent No. 2774884). This is the second time that Hitachi High-Tech has petitioned Tokyo Customs for an injunction. This injunction differs from the initial one [1] in that different patents and equipment are involved. Customs will prohibit the import of “Helios NanoLab 450S,” “Quanta 3D 200i,” and “Quanta 3D FEG 600,” systems (including models with GIS control and Omniprobe) made by FEI Company.

Hitachi High-Tech has been in long-running negotiations with FEI Company regarding the use of a variety of patents, including focused ion beam technology owned by Hitachi High-Tech. However, due to barriers recognized as insurmountable by both parties in understanding their mutual positions, the decision was made to halt negotiations, culminating in Hitachi High-Tech filing a lawsuit [2] in November 2009 with the Tokyo District Court to prohibit the manufacture and sale of the patent infringing products within Japan based on the injunction granted for the above patent in addition to several other patents that Hitachi High-Tech petitioned for. In June 2010 [1], Tokyo Customs agreed that Hitachi High-Tech’s patents had been infringed and granted the first injunction to prohibit the import of FIB/SEM systems made by FEI Company. Furthermore, Hitachi High-Tech also filed for damages [3, 4] in July and October the same year, and later filed for a provisional injunction in December based on the import suspension granted for above patent.

For more information, see the following news releases.

[1] Notice Regarding Injunction against the Import of FIB/SEM Equipment from FEI Company, June 30,

2010 (http://www.hitachi-hitec.com/global/whatsnew/2010/nr20100630.pdf)

[2] Notice of Patent Infringement Lawsuit against FEI Japan, November 6, 2009

(http://www.hitachi-hitec.com/global/whatsnew/2009/20091106_2.pdf)

[3] Notice of Patent Infringement Lawsuit against FEI Japan, July 30, 2010

(http://www.hitachi-hitec.com/global/whatsnew/2010/nr20100730.pdf)

[4] Notice of Patent Infringement Lawsuit against FEI Japan, September 27, 2010

(http://www.hitachi-hitec.com/global/whatsnew/2010/nr20100927.pdf)

Hitachi High-Tech views its intellectual property rights as extremely important corporate resources, and will continue to vigorously and vigilantly defend such rights whenever it deems that possible violations have occurred.