-Gamagori JAPAN, January 9, 2001-

NIDEK Co., Ltd., Gamagori Japan, announced today that it has filed a complaint in U.S. District Court in San Francisco, California, against VISX Inc. for infringement of U.S. Patent Nos. 5,445,633; 5,624,436; and 6,136,012. The complaint alleges that VISX's Star excimer laser systems infringe the NIDEK patents which cover fundamental and advanced technologies required to carry out laser vision correction. U.S. Patent No. 5,624,436 covers calibration techniques, and has an equivalent Japanese patent, currently the subject of litigation instituted in Japan by NIDEK against VISX's Japanese distributor.

NIDEK is seeking monetary damages for past infringement and at least a permanent injunction to prevent VISX from further manufacture and sale of infringing excimer laser systems. NIDEK also alleges that the infringement by VISX is willful and is seeking treble damages as well as attorney fees.