German Court Finds Everlight LED Products to Infringe Nichia's YAG Patent
DUSSELDORF, Germany, September 9, 2013
DUSSELDORF, Germany, September 9, 2013 /PRNewswire/ --
On September 3, 2013, in the patent infringement lawsuits in Germany at the
Düsseldorf District Court which Nichia Corporation ("Nichia") filed against
Everlight Electronics Co., Ltd. (Taiwan) and Everlight Electronics Europe GmbH
("Everlight", docket number 4a O 56/12), as well as their German distributors
Future Electronics Deutschland GmbH (docket number 4a O 59/12) and REGO
Lighting GmbH (docket number 4a O 108/12), the court found with judgments of
the same day that Everlight and said distributors infringe Nichia's patent EP
936 682 (DE 697 02 929) (hereinafter called "YAG patent") concerning the
accused white LED products.
The court rendered judgments in favor of Nichia's claims for permanent
injunction, also rendering an accounting and damages. With regard to Everlight
Electronics Europe GmbH and both of the distributors, the court furthermore
ordered the recall of the accused products from their commercial customers and
the destruction of the accused products being owned or in possession by them.
All of the judgments are not final and can be appealed.
The court found in respect of Everlight that all accused Everlight products,
i.e. six different white LED products (SL-PAR38/B/P17/30/E30/ND,
45-21/LK2C-B56702C4CB2/2T, 45-21/QK2C-B45562C4CB2/2T, SMD Low Power LED
61-238/LK2C-B56706F4GB2/ET) infringe claim 1 of the YAG patent, combining
YAG-based phosphor with GaN-based blue LED.
With regard to the German distributor Future Electronics Deutschland GmbH, the
product SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET was attacked in Nichia's
infringement complaint and was found to be infringing by the court. With
regard to the German distributor REGO Lighting GmbH, the product
OL-Deluxe/QL2/P44/LF/D50/SR/M/CE/ZN containing S-L Cobra/T5
048DC/C/P10/LF/D50/ZN was accused and was found to be infringing by the court.
The court also refused the defendants' request to stay the infringement
proceedings with regard to a parallel nullity action filed by Everlight
Electronics Co., Ltd. (Taiwan) in the German Federal Patent Court. This
nullity action (docket number 2 Ni 11/12) is directed against Nichia's YAG
patent but not yet decided.
Nichia believes that this judgment of the Düsseldorf District Court is of
utmost importance for the white LED business in general.
Nichia seeks to protect its patents and other intellectual property rights and
takes actions against alleged infringers in any country where appropriate and
Contact information; Public Relations, Nichia Corporation Tel:+81-884-22-2311
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