Infringement Lawsuit Filed by Aperio Technologies Against Hamamatsu and Olympus America

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 Photonics K.K.

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.

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