-Gamagori, JAPAN, September 24, 2001-

NIDEK Co., Ltd. today announced that a ruling by the District Court represents a major victory that will have considerable impact on the case as it proceeds toward trial.

In the ruling, the United States District Court for the Northern District of California largely embraced NIDEK's position, with Judge Charles R. Breyer finding for NIDEK on critical issues dealing with the '388 and '843 Trokel patents. Judge Breyer's claim construction ruling is a clear win for NIDEK.
The ruling arises from a "Markman Hearing," where both sides present their arguments to the Court on the interpretation of the patent claims at issue. The legal precedent from a Markman Hearing can be determinative of the outcome at trial on issues of validity and infringement of patents. For example, over VISX's strenuous objection, the District Court in a well reasoned opinion agreed with NIDEK that the '388 patent requires laser ablation of not only stromal tissue but also the layers of the cornea above the stroma. As such, the FDA-approved indications for NIDEK's EC-5000, PRK and LASIK, do not infringe this patent.

Mr. Hideo Ozawa, president of NIDEK Co., Ltd, responded to NIDEK's preliminary U.S. legal victory stating, "We are very pleased with the Court's interpretation of the scope of these patents. NIDEK earnestly hopes that VISX will re-evaluate its position in the various litigations between the two companies. This finding reaffirms that NIDEK's technology employed in the EC-5000 is unique to NIDEK alone. "It is unfortunate that VISX would once again attempt to mislead the public, including investors and the medical community, with Friday's hasty and inaccurate announcement on a ruling that is open to all to evaluate," Mr. Ozawa continued.