-Gamagori, JAPAN, July 10, 2001-

NIDEK Co., Ltd. today announced that the Canadian Federal Court of Appeal upheld a 1999 Trial Division ruling in favor of NIDEK saying that the company's EC-5000 Refractive Surgery Laser System does not infringe on VISX's (NYSE: EYE) Canadian Patent Nos. 1,243,732, 1,271,813 and 1,254,658.
The appeal was heard before three Canadian Federal Court of Appeal judges in Ottawa, Ontario. Judge Marc Noël found that NIDEK and Howard Gimbel, MD, and Donald Johnson, MD, two prominent Canadian eye surgeons, did not infringe upon the patents as VISX claimed. Judges A.M. Linden and Julius Isaac concurred with Judge Noël in his finding. As a result of this decision, VISX's appeal was dismissed with costs; VISX must now pay a portion of the legal fees incurred by NIDEK and the doctors as a result of the suit.

This ruling may also be considered a beneficial legal precedent in current litigation filed by VISX against NIDEK in the United States, as the allegations are similar to those of the Canadian lawsuit. Proceedings in the U.S. lawsuit are expected to begin in summer 2002.

Mr. Hideo Ozawa, president of NIDEK Co., Ltd, responded to his company's latest legal victory stating, "We are very pleased our position has again been upheld in court, although we regret the ordeal our Canadian customers have been forced to endure. This ruling reaffirms NIDEK's position that the EC-5000 can be used by physicians without fear of infringement allegations raised by VISX."

The long-running suit, filed by VISX in 1994 against NIDEK (Drs. Gimbel and Johnson were added as parties by VISX in 1995) was originally "dismissed with costs" by Justice J.E. Dubé in December 1999. At that time, VISX appealed the ruling.

"NIDEK has opened up the refractive surgery market with new technology and will vigorously defend the surgeon's right to choose the latest technology to benefit their patients and advance the practice of medicine," added Mr. Ozawa. "This is our most recent victory in the excessive, frivolous lawsuits that have been repeatedly brought against us by VISX."

VISX also filed patent infringement suits against NIDEK in France (in 1994), England (in 1998), and United States (in 1998). NIDEK has prevailed in England, as well in the United States ruling handed down by the International Trade Commission (ITC) in 2000. The suit in France is in progress. In response to the ITC ruling, NIDEK filed a suit against VISX for violation of U.S. anti-trust laws. NIDEK also filed declarations stating that NIDEK does not infringe upon VISX patents and that their patents are unenforceable. Both the suit and declaration are currently pending.

In August 2000, NIDEK filed a lawsuit against VISX Japan, Japan Focus, Inc., and JFC Sales Plan, Inc. for infringement of one of its Japanese patents before the Tokyo District Court. The subject of this suit is a device made by VISX Corporation of USA (Santa Clara, California) using the excimer laser to correct corneal refractions. The three companies cited import, sell and/or provide technical support of the VISX device in Japan. In January 2001, NIDEK also filed a complaint in U.S. District Court in Northern California against VISX for infringement of three of the Company's U.S. patents, which cover fundamental and advanced technologies required to carry out laser vision correction. Both the suit and the complaint are currently pending.