NEWS DETAIL

  • Source : Press Release
  • Date : 2022-01-11
  • Companies : Sysmex Corp.

Information About Termination of the Litigation Against Sysmex Corporation and Its Subsidiary

Sysmex Corporation and its US subsidiary Sysmex America, Inc. (hereinafter referred to as "SAI" and Sysmex Corporation and SAI hereinafter collectively referred to as “Sysmex”) have addressed the lawsuit (hereinafter referred to as the “Lawsuit”) brought by Uniface B.V. (current Rocket Software B.V., hereinafter referred to as the “Plaintiff”) in Belgium. Sysmex Corporation hereby announces with the details described as below that the Plaintiff and Sysmex have reached settlement agreement and the Lawsuit will be terminated by the Plaintiff's withdrawal.

1. Background from filing of the Lawsuit to settlement 

In April 2020, the Plaintiff summoned Sysmex before the Dutch-Speaking Enterprise Court of Brussels, Belgium. The plaintiff alleged that Sysmex breached a software license agreement (hereinafter referred to as the "Agreement"; the Agreement was terminated in January 2020) executed in 2002 between Sysmex Corporation and Compuware N.V. (hereinafter referred to as "Compuware"; the Plaintiff acquired Compuware assets, including the Agreement, in 2014). On August 23, 2021 (Central European Time), the Dutch-Speaking Enterprise Court of Brussels, Belgium rendered a judgment and the Plaintiff has filed an appeal against this judgment to the Court of Appeal of Brussels, Belgium on November 8, 2021 (Central European Time). 
While proceeding with the Lawsuit, the Plaintiff and Sysmex had discussions for a settlement and a settlement has been reached.

2. Overview of counterparty to settlement 

(1) Name: Rocket Software B.V. 
(2) Registered Office: Dordrecht, Netherlands

3. Details of the settlement 

The Plaintiff and SAI have entered into a new license agreement under which the Plaintiff provides SAI with a software license for maintenance support to its customers for a certain period of time, and SAI pays a certain amount as the consideration to the Plaintiff. Also, based on the settlement, the Plaintiff will withdraw the Lawsuit and all the other claims against Sysmex related to the Lawsuit. 

4. Future outlook 

Based upon the settlement, the Plaintiff will proceed with the withdrawal of the Lawsuit and the Lawsuit will be terminated upon completion of required court procedures. The termination of the Lawsuit based upon the settlement has no significant financial impact for Sysmex.

(Reference) Consolidated financial results forecasts for the current fiscal year (released on November 10, 2021) and actual consolidated results for the previous fiscal year

(Millions of yen)

 

Net sales

Operating profit

Profit before tax

Profit attributable to 
owners of the parent

Consolidated financial results forecasts for the current fiscal year
(Fiscal year ending March 31, 2022)
360,000 66,000 63,000 44,000
Actual consolidated results for the previous fiscal year
(Fiscal year ended March 31, 2021)
305,073 51,792 48,033 33,142