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ASM INTERNATIONAL N.V. ANNOUNCES RESPONSE TO HITACHI KOKUSAI'S COUNTERCLAIM

Almere, The Netherlands
February 23, 2018

 

ASM INTERNATIONAL N.V. ANNOUNCES RESPONSE TO HITACHI KOKUSAI'S COUNTERCLAIM  

ASM International N.V. (Euronext Amsterdam: ASM) today responds to press reports of a patent infringement suit against ASM filed by Hitachi Kokusai in Federal District Court for the District of Oregon on February 20, 2018.  The claim follows an earlier suit for patent infringement filed by ASM against Hitachi Kokusai and ASM's earlier initiation of an arbitration against Hitachi Kokusai alleging breach of a license agreement between the parties. ASM will diligently prosecute its cases against Hitachi Kokusai and will vigorously defend against Hitachi Kokusai's claims, which, ASM believes lack merit.

In 2007, ASM and Hitachi Kokusai entered into a licensing agreement, according to which ASM granted usage of its ALD patents in the field of use of batch ALD to Hitachi Kokusai.

On August 30, 2017, ASM initiated an arbitration with the American Arbitration Association against Hitachi Kokusai for breach of the license agreement between the parties. It is not yet known when the arbitration will be completed.

Following the expiration of the parties' patent license agreement, ASM filed, on December 1, 2017, a suit for patent infringement against Hitachi Kokusai and its U.S. subsidiary in the U.S. District Court for the Northern District of California. ASM asserted three patents. ASM has requested both an injunction and monetary damages.

Subsequently, Hitachi Kokusai filed suit for alleged patent infringement against ASM in the U.S. District Court for the Northern District of California. Hitachi Kokusai asserted seven patents. Hitachi Kokusai also requested an injunction and monetary damages, but no specific monetary amount has been requested to date. ASM denies Hitachi Kokusai's allegations in the Northern District of California action, which allegations were recently amended in response to a motion to dismiss filed by ASM. 

Thereafter, on February 20, 2018, Hitachi Kokusai initiated litigation in the District of Oregon asserting four patents against ASM.  ASM is evaluating the allegations in the Oregon action, which initially appear to be largely duplicative of the earlier filed allegations in the Northern California action.  ASM's response to the Oregon complaint is not yet due, but ASM will vigorously defend against each of Hitachi Kokusai's claims.

About ASM International

ASM International NV, headquartered in Almere, the Netherlands, its subsidiaries and participations design and manufacture equipment and materials used to produce semiconductor devices. ASM International, its subsidiaries and participations provide production solutions for wafer processing (Front-end segment) as well as for assembly & packaging and surface mount technology (Back-end segment) through facilities in the United States, Europe, Japan and Asia. ASM International's common stock trades on the Euronext Amsterdam Stock Exchange (symbol ASM). For more information, visit ASMI's website at www.asm.com.

Cautionary Note Regarding Forward-Looking Statements: All matters discussed in this press release, except for any historical data, are forward-looking statements. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements. These include, but are not limited to, economic conditions and trends in the semiconductor industry generally and the timing of the industry cycles specifically, currency fluctuations, corporate transactions, financing and liquidity matters, the success of restructurings, the timing of significant orders, market acceptance of new products, competitive factors, litigation involving intellectual property, shareholders or other issues, commercial and economic disruption due to natural disasters, terrorist activity, armed conflict or political instability, epidemics and other risks indicated in the Company's reports and financial statements. The Company assumes no obligation nor intends to update or revise any forward-looking statements to reflect future developments or circumstances.


CONTACT

Investor contact:

 Victor Bareño

T: +31 88 100 8500

E: victor.bareno@asm.com

 
Media contact:

Ian Bickerton

T: +31 625 018 512

 

ASMI announces response to Hitachi Kokusai's counterclaim