NIKON, ASML AND CARL ZEISS SIGN AGREEMENT TO SETTLE ALL LITIGATION

January 23, 2019

TOKYO, Japan, VELDHOVEN, the Netherlands and OBERKOCHEN, Germany – January 23, 2019 – Nikon Corporation (“Nikon”) (TYO: 7731), ASML Holding N.V. (“ASML”) (NASDAQ: ASML) and Carl Zeiss SMT GmbH (“Zeiss”) have signed a Memorandum of Understanding relating to a comprehensive settlement of all legal proceedings over patents for lithography equipment and digital cameras.

The Memorandum of Understanding is a binding agreement that concerns all pending disputes between Nikon, ASML and Zeiss in Europe, Japan and the United States, including at the U. S. International Trade Commission. The three companies expect to execute a definitive settlement and cross-license agreement and dismiss all legal proceedings between the parties in February 2019. The terms of the Memorandum include a payment to Nikon by ASML and Zeiss of a total of EUR 150 million (approximately Japanese Yen 19.0 billion*). Furthermore, the cross-license agreement contemplated by the Memorandum includes mutual royalty payments of 0.8% over the sales of immersion lithography systems for 10 years from the signature date of the parties' definitive agreement.

  • *Yen figures calculated at an exchange rate of 1 EUR = 125 yen

Forward Looking Statements

This document includes forward-looking statements that are subject to risks and uncertainties, including but not limited to the parties' ability to agree on the specific provisions of definitive agreements, as contemplated by the Memorandum of Understanding, the nature of those provisions and the time required to reach those agreements.

The information is current as of the date of publication. It is subject to change without notice.

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