A U.S. patent infringement lawsuit was filed on June 10, 2009, against Hamamatsu
Photonics K.K., Hamamatsu
Corporation, and Olympus America, Inc. The lawsuit, brought by Aperio Technologies,
Inc. in the U.S. District Court for the District of Delaware, accuses products
incorporating Hamamatsu Photonics K.K. NanoZoomer(R) technology of infringing
Aperio U.S. Patent Nos. 6,917,696; 7,457,446; and 7,518,652.
The lawsuit follows a series of letters issued by Aperio in which Aperio alleged
infringement. Hamamatsu Photonics K.K. has carefully analyzed the asserted claims
and concluded that its NanoZoomer(R) product is not covered by any of the patents
that Aperio has identified. Hamamatsu Photonics K.K. responded to each letter
from Aperio by pointing out its belief that the asserted patents did not cover
the Hamamatsu Photonics K.K. NanoZoomer(R) technology. Aperio has not responded
to any of the requests by Hamamatsu Photonics K.K. for further details and information.
Instead, Aperio filed the current lawsuit in U.S. District Court, without any
reply to the non-infringement positions brought to its attention by Hamamatsu
Hamamatsu Photonics K.K. respects the valid intellectual property rights of
other companies, and has an excellent reputation world-wide for dealing fairly
with its competition. Hamamatsu Photonics K.K. believes that its NanoZoomer(R)
technology is not covered by any valid claims of the patents asserted by Aperio
in the pending litigation. Hamamatsu Photonics K.K. will vigorously defend itself
and fully expects to achieve a favorable outcome before the U.S. District Court
for the District of Delaware.
Hamamatsu Corporation is the North American subsidiary of Hamamatsu Photonics
K.K. (Japan), a leading manufacturer of devices for the generation and measurement
of infrared, visible, and ultraviolet light. These devices include photodiodes,
photomultiplier tubes, scientific light sources, infrared detectors, photoconductive
cells, and image sensors. The parent company is dedicated to the advancement
of photonics through extensive research. This corporate philosophy results in
state-of-the-art products which are used throughout the world in scientific,
industrial, and commercial applications.