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, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 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 necessary.

For Everlight's response please see: //www.ledinside.com/news/2013/9/everlight_plans_to_appeal_german_court_decision_on_nichia_yag_infringement_case