Nichia Lodged an Appeal Against Everlight Case Ruled by Japan Patent Office

A patent dispute between Nichia and Everlight never comes to an end. On June 4, Nichia’s counsels held a press conference in Taiwan to announce that the company has lodged an appeal with the Supreme Court of Japan against a Japan Patent Office’s ruling in favor of Everlight.
 
According to Everlight, Japan Patent Office rendered a decision on May 8 this year, holding that the patent JP3503139 is invalid. Everlight said the ruling includes invalidation of Claim 1, which is the main claim of the patent at issue.

Nichia’s counsels pointed out that among the disputed 19 patents that Everlight denounced to Japan Patent Office against Nichia is the one concerning the white LED technology using the yellow YAG phosphor and blue chip. They said this technology had been approved in April this year by Japan Patent Office as a valid patent. The JP3503139 patent is a deriver from the white LED patent, suggesting the invalidation decision on 139 patent should be overruled.

Addressing Nichia’s claims that its JP2778349 and JP2540791 patents are valid, Everlight said validation term of the two patents was already due in April this year and December 2011.

According to Everlight’s website, the company’s  response to Nichia’s Press Conference on June 4th 2012:
I. In regards to Nichia’s patents JP2778349 and JP2540791, both patents have expired in April 2012 and December 2011, respectively.
II. On May 8th, 2012, the Japan Patent Office rendered a decision holding that Claim 1 of Nichia’s patent number JP3503139 is invalid.

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