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Hitachi High-Technologies GLOBAL

June 30, 2010

Notice Regarding Injunction Against the Import of FIB/SEM Equipment from FEI Company

On June 25, 2010, Tokyo Customs officially accepted a petition filed by Hitachi High-Technologies Corporation (TOKYO:8036, Hitachi High-Tech) to prohibit the import of FIB/SEM* systems produced by U.S.-based FEI Company to Japan. Hitachi High-Technologies initially filed the petition for an injunction with Tokyo Customs on February 10, 2010, based on claims that the FEI/SEM systems produced by FEI Company violated its rights with respect to patents held for focused ion beam technology (namely, Japan Patent No. 4100450).

Hitachi High-Tech has been in long-running negotiations with FEI Company regarding the use of a variety of patents, including focused ion beam technology owned by Hitachi High-Tech. However, due to barriers recognized as insurmountable by both parties in understanding their mutual positions, the decision was made to halt negotiations, culminating in the filing of an injunction with Tokyo Customs to prohibit the import of the patent infringing products.

The import of the products below to Japan will be prohibited by Customs.
"Strata 400 STEM" and "Helios NanoLab 400S" produced by FEI Company (With attached GIS* and EDX analyzer*)

With respect to Japan FEI, Hitachi High-Tech has filed suit in the Tokyo District Court for an injunction that will prohibit the production and sale in Japan of the alleged infringing products, based on their violation of focused ion beam technology and several other patents other than listed above.

Hitachi High-Tech views its intellectual property rights as extremely important corporate resources, and will continue to vigorously and vigilantly defend such rights whenever it deems that possible violations have occurred.

Reference

*
FIB/SEM systems: Focused Ion Beam system with Scanning Electron Microscope
*
GIS: Gas Injection System
*
EDX analyzer: Energy Dispersive X-ray spectroscopy analyzer

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