German Court Ruling in Everlight and Nichia YAG Patent Case to Have Limited Impact

The Düsseldorf District Court in Germany’s ruling of Taiwan package manufacturer Everlight’s infringement of Japanese LED packager Nichia YAG patents on Sept. 3, 2013 will have limited impact on Everlight, according to a recent J.P. Morgan report. The financial institute upheld its positive outlook that Everlight’s procurement of German lighting manufacturer WOFI in 2Q13 will generate a positive Return of Equity (ROE) for investors.  

The J.P. Morgan report noted Everlight’s six white LED products that infringed Nichia patent rights accounted for less than 0.5% of the company’s total revenue. As a result, the German ruling will have limited effect on the Taiwanese manufacturer’s revenue and profit. Everlight has also changed its product design after the German court ruling. Therefore, it will have no effect on the company’s future revenue and profitability nor any impact upon WOFI operations, according to J.P. Morgan. 

In recent years, Everlight and Nichia have been engaged in patent wars in Japan, Germany, and U.S. After Japan Patent Office invalidated Nichia’s JP2780691 patent, the Japanese company filed a patent infringement lawsuit against Everlight and its German subsidiary Everlight Electronics Europe at the Düsseldorf District Court. The court ruled Everlight had infringed Nichia YAG patent in six white LED light products on Sept. 3, 2013.

According to a Nichia press release, the Düsseldorf District Court ruled in favor of the company’s permanent injunction claim, and rendered an accounting and damages. The German court aso ordered for the recall of the accused products from their commercial customers and the destruction of the accused products being owned or possessed by them. The Nichia press release noted the judgment was not final and can still be appealed.

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