By Eric Schweibenz and Alex Englehart
On September 12, 2018, ASML Netherlands B.V. of the Netherlands, ASML US, L.P. of Chandler, Arizona, and ASML US, LLC of Chandler, Arizona (collectively, “ASML”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Nikon Corp. of Japan, Nikon Precision Inc. of Belmont, California, and Nikon Research Corp. of America of Belmont, California (collectively, “Nikon”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain semiconductor lithography systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,295,283 (the ’283 patent), 7,403,264 (the ’264 patent), and 9,188,880 (the ’880 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to lithography systems and components thereof. In particular, the ’283 and ’880 patents relate to an immersion lithography apparatus. The ’264 patent relates to a lithography apparatus.

In the complaint, ASML states that Nikon imports and sells products that infringe the asserted patents. The complaint specifically refers to various series of Nikon lithography systems as infringing products.

Regarding domestic industry, ASML states that its TWINSCAN NXT family of lithography systems practice at least one claim of each asserted patent. ASML further states that it conducts research and development and component manufacturing activities related to its domestic industry products at a facility in Connecticut. ASML also refers to relevant U.S. investments relating to installation and customer support for its domestic industry products.

As to related litigation, ASML states that it is not aware of any other litigation involving the asserted patents. However, ASML states that it is currently engaged in numerous litigations against Nikon in the U.S., Japan, the Netherlands, and France that do not involve the asserted patents.

With respect to potential remedy, ASML requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Nikon.