-Gamagori, JAPAN, October 2, 2002-
NIDEK Co., Ltd. took the proactive step of informing its excimer laser customer base in the U.S. and worldwide the implications of the jury verdict in a patent infringement case between NIDEK and Summit Technologies.
Several press releases and various media coverage over last week's jury ruling on a case between NIDEK and Summit Technologies were both misleading and inaccurate in the information presented to the public. One such release indicated, erroneously, that NIDEK had lost a case to VISX in the United States last fall. Others have not accurately provided the factual context of the jury verdict last week.
One critical issue is responsibility for damages should the verdict stand. NIDEK accurately reported "NIDEK's excimer laser customers in the U.S. and worldwide should know that there is no liability incurred on their part from the court decision of last week. The jury ruling that was made was against NIDEK and not its customers. All users are free to continue using their equipment without any damages or per procedure fees whatsoever. Additionally, the case has impact in the U.S. only and NOT internationally".
NIDEK also announced that it would file and ask for a full and complete review and appeal of the jury verdict last week on the case. This course of action through an appeal process could take as long as two years.
The company also stated that it would make every attempt and follow necessary steps to continue its sales and marketing efforts for the NIDEK EC-5000 Excimer Laser in the U.S. It will continue to provide complete and full support and service to its customer base in the U.S. as this appeal process continues.
NIDEK has a strong and robust intellectual property portfolio of its own and it will continue to protect it, as it has done in the past and leverage it to develop new and innovative applications and technologies in the field of vision care. A recent report and ranking of companies by the United States Patent and Trademark Office further proves this point.
