EMCORE Announces Settlement and License Agreement Relating to Patent
Infringement Lawsuit Brought by Nichia Corporation
ALBUQUERQUE, N.M., May 23, 2014 (GLOBE NEWSWIRE) -- EMCORE Corporation
(Nasdaq:EMKR), a leading provider of compound semiconductor-based components
and subsystems for the fiber optics and space solar power markets, announced
today that it has settled the patent infringement case brought by Nichia
Corporation before the U.S. District Court for the Eastern District of Texas.
In November 2011, EMCORE exclusively licensed several of its non-core LED
patents to Everlight Electronics Co., Ltd., a Taiwanese LED company. In April
2012, Everlight filed suit against Nichia Corporation alleging infringement of
EMCORE's U.S. Pat No. 6,653,215 ('215) it licensed. Because EMCORE still owned
the '215 patent, the complaint named EMCORE as a mandatory co-plaintiff. The
suit, however, is principally a dispute between Everlight and Nichia.
Following a petition initiated by Nichia, on February 11, 2014, the U.S.
Patent and Trademark Office issued a Final Written Decision in which it found
all claims of the '215 Patent to be unpatentable. In March 2014, Nichia and
Everlight agreed to dismiss the claims pertaining to the EMCORE '215 patent
from the lawsuit without prejudice.
In June 2013, Nichia filed a complaint against EMCORE before the U.S. District
Court for the Eastern District of Texas alleging infringement of Nichia's U.S.
Pat No. 7,295,587 ('587) entitled "Semiconductor Laser Having Optical Guide
Layer Doped for Decreasing Resistance." The current settlement agreement
resolves the Eastern District of Texas lawsuit regarding the '587 patent.
Under the settlement, EMCORE acknowledges the validity of the '587 patent, and
makes a payment of damages to Nichia and Nichia agrees to grant EMCORE a
non-exclusive, royalty-bearing license to the asserted patent. The details of
the settlement agreement are confidential.
"We greatly respect Nichia's intellectual property and feel this settlement
and license agreement is proof of that," said Alfredo Gomez, EMCORE's General
EMCORE Corporation offers a broad portfolio of compound semiconductor-based
products for the fiber optics and space solar power markets. EMCORE's Fiber
Optics business segment provides optical components, subsystems and systems
for high-speed telecommunications, Cable Television (CATV) and
Fiber-To-The-Premise (FTTP) networks, as well as products for satellite
communications, video transport and specialty photonics technologies for
defense and homeland security applications. EMCORE's Solar Photovoltaics
business segment provides products for space power applications including
high-efficiency multi-junction solar cells, Covered Interconnect Cells (CICs)
and complete satellite solar panels. For further information about EMCORE,
CONTACT: EMCORE Corporation
General Counsel and Corporate Secretary
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