Nichia Clinches Two Legal Victories against Everlight in German District Courts

Leading Japanese LED chip manufacturer Nichia announced today it had won two separate YAG LED patent disputes against Everlight subsidiaries in the Düsseldorf Court of Appeal in Germany.

With decision of December 5, 2016 (docket number I-15 U 32/14), the Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation (“Nichia“) by REGO-Lighting GmbH (“REGO-Lighting“) concerning the accused white LED product.

Nichia had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 108/12) against REGO-Lighting with regard to the lighting product OL-Deluxe/QL2/P44/LF/D50/SR/M/CE/ZN containing white LED tubes of the type SL- Cobra/T5 048DC/C/P10/LF/D50/ZN. This was a product of Zenaro Lighting GmbH, a German subsidiary of Taiwanese LED manufacturer Everlight Electronics Co., Ltd. With judgment of September 3, 2013, the Düsseldorf District Court confirmed Nichia’s complaint and found for patent infringement by REGO-Lighting. The appeal against this judgment filed by REGO-Lighting has been now rejected by the Düsseldorf Court of Appeal.

The decision of the Court of Appeal was rendered without oral hearing because the court found REGO-Lighting’s appeal to have obviously no chance of success.

The Düsseldorf Court of Appeal did not allow for further appeal against its decision. Nevertheless, there exists the option for REGO-Lighting to ask the Federal Court of Justice to allow such further appeal.

Nichia wins YAG patent suit against Everlight subsidiary WOFI

On December 15, 2016, in the two patent infringement lawsuits in Germany at the Düsseldorf District Court which Nichia Corporation (“Nichia”) filed against Germany based manufacturer of residential lighting products, WOFI Leuchten Wortmann & Filz GmbH (“WOFI”) (docket numbers 4b O 82/15 and 4b O 103/15), the court found with two parallel judgments that WOFI infringes the two YAG related patents of Nichia EP 2 197 053 (DE 697 40 792) and EP 2 276 080 (DE 697 40 795) concerning the accused white LED products. WOFI is a German subsidiary of Taiwanese LED manufacturer Everlight Electronics Co., Ltd. (“Everlight“).

The court rendered the two judgments in favor of Nichia’s claims for permanent injunction, also rendering an accounting and damages. Furthermore, the court confirmed Nichia’s claim for recall of the accused products from the commercial customers and destruction of the accused products being owned or in possession by WOFI. The judgments are not final and can be appealed.\

The Düsseldorf District Court found in its first judgment (docket number 4b O 82/15) that the two accused white LED products of WOFI infringe claim 1 of the YAG related patent EP 2 197 053 (DE 697 40 792); these are the products Orbit / Serie 946 – Art. No. 4946.04.01.0000 and Mercur / Serie 313 – Art. No. 4313.01.01.0000. According to the second judgment of the court (docket number 4b O 103/15), the ten accused white LED products of WOFI infringe claim 1 of the YAG related patent EP 2 276 080 (DE 697 40 795); these are the products Orbit / Serie 946 – Art. No. 4946.04.01.0000, Mercur / Serie 313 – Art. No. 4313.01.01.0000, Laurids / Serie 889 – Art. No. 4889.01.64.0000, Avignon / Serie 275 – Art. No. 4275.01.64.0000, Vannes / Serie 625 – Art. No. 8625.01.01.0000, Reims / Serie 272 – Art. No. 9272.09.01.0000, Luz / Serie 682 – Art. No. 8682.01.01.0000, Louvre / Serie 825 – Art. No. 8825.01.54.0000, Style / Serie 922 – Art. No. 6922.03.01.0000 and Antibes / Serie 792 – Art. No. 7792.06.01.0000. Both YAG related patents combine, among others, YAG-based phosphor with GaN-based blue LED.\

Nichia believes that these both judgments of the Düsseldorf District Court are of utmost importance for the white LED market.

Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.

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