An appeal will be made to the Beijing IP Court by Veeco Instruments against its recent decision regarding the validity of patent ZL201220056049.5. The patent in question is held by Advanced Micro-Fabrication Equipment (AMEC) and the decision was made by the Patent Reexamination Board.
The decision by the PRB claimed the patent was valid after AMEC surrendered the broadest claim thereof in response to the invalidation request by Veeco Shanghai (parent company of Veeco Instruments). Veeco said it believes that, although its MOCVD products do not fall within the scope of the remaining claims, the patent claims technology was already disclosed and widely used prior to the patent application date and, thus, the entire patent should be invalidated.
The PRB decision was an administrative decision that relates to the validity of the patent only, and will not become effective before the judicial reviews by Beijing IP Court and Beijing High Court, according to Veeco.
“We are confident that AMEC’s patent does not include any substantial contribution to the technology and should be invalidated,” said Tim Liu, senior vice president, APAC, as cited in a company press release. “Veeco is a leading manufacturer of innovative semiconductor process equipment. Veeco’s MOCVD patent portfolio dates from the mid-1990s to the present. A series of patented MOCVD systems, representing the most advanced technologies, including K300 (2007), K465 (2008), TurboDisc K465i (2010) and TurboDisc EPIK700 (2014), was marketed successively and won Compound Semiconductor Industry Innovation Awards. Veeco respects the intellectual property rights of others, but will not tolerate any infringement of Veeco’s IP rights. Veeco will aggressively pursue IP theft and protect its IP portfolio.”
However, Shares of Veeco Instruments Inc. (NASDAQ:VECO) are plummeting, down 18.9% as of 1:30 p.m. EDT, after the process equipment solutions company announced the unfavorable development in the patent case.