District Court Overturns $17.2 Million Dollar Jury Verdict


Nidek, Co., Ltd. of Gamagori, Japan, the worldwide leader in excimer laser systems for vision correction, has prevailed in a patent infringement suit in the United States District Court for the District of Massachusetts. The Court found that Nidek’s EC-5000 laser system does not infringe U.S. Patents 4,941,093 and 4,973,330 owned by Summit Technology, Inc. ALCON Laboratories of Fort Worth, Texas, purchased Summit Technology, Inc. after the suit was filed.

In September 2002, after a two-week trial, a jury returned a verdict in favor of Summit and awarded damages of $17.2 million dollars. Nidek immediately filed a motion for judgment as a matter of law, asking the Court to overturn the verdict as legally insufficient on a number of grounds. On December 19, 2002, U.S. District Judge Edward F. Harrington issued a comprehensive 31-page opinion, in which the Court found that no reasonable jury, having considered all of the evidence in the light most favorable to Summit, could have found that Nidek’s EC-5000 laser system infringed the two Summit/ALCON patents in suit.

Neil Siegel, Robert Masters and Paul Wilson of Sughrue Mion, PLLC led Nidek’s trial team, with David S. Godkin and Kristina E. Barclay of Testa, Hurwitz and Thibeault as co-counsel.

Case Caption: Summit Technology, Inc. v. Nidek Co., Ltd., et al.

Docket No.: 98-12611-EFH

Plaintiff’s counsel: Wayne Stoner of Hale & Dorr