Minebea Files a Lawsuit against Nidec in Connection with a Motor Patent
Resource from: www.nmb.com Likes:3029
Apr 01,2004
Minebea Co., Ltd. (“Minebea”) filed a lawsuit against Nidec Corporation (“Nidec”) at Tokyo District Court in connection with a motor patent today.
Minebea received from Nidec the letter as of March 2, 2004 stating that Minebea should stop using the technology of Nidec’s patent (Patent No. 3134304) regarding the FDB spindle motor for HDD which Minebea manufactures and distributes, or Nidec will initiate procedural action if Minebea does not respond faithfully.
Based upon the above letter, Minebea sent a letter to Nidec that we would answer by April 5, 2004.
However, on March 26, 2004 Nidec suddenly informed Minebea verbally that Nidec would file a suit against Minebea by the end of March, 2004 unless Minebea urgently expresses its willingness to have a license from Nidec for the above patent by the rate which Nidec satisfies. In such abnormal situation as without having our answer to their letter, pointing out details of infringement part, and indicating analysis on the Minebea’s motors, Minebea has confirmed that Minebea’s motors do not infringe the above patent after the serious analysis on the above patent and our motors.
Furthermore, because of the above negotiation process, we have resulted that even if we notify to Nidec that our motors do not infringe, the discussion on the above patent would not be held, and we are in a danger of “litigation to litigate.”
Namely, we, Minebea, anticipate that such a lawsuit being filed against us would cause harm on our sales operation by the danger of baseless rumor that sales of our motor infringes their patent.
Therefore, we filed the lawsuit for a declaratory judgment of “non-existence of cause of injunction by patent infringement” to Tokyo District Court today since this action, we believe, will lessen the risk of accusation by being filed an injunction and prevent from dissemination of harmful rumors, and secure the smooth sales operation.
Action for declaration of “non-existence of cause of injunction” based upon the Nidec’s patent (Patent No. 3134304) against Minebea’s operation of manufacturing and distributing the motors; and
Action for declaration that the cost of this action should be borne by Nidec.
(www.nmb.com)
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