Japan IP High Court Dismissed Everlight’s Lawsuit Against Nichia’s Corporation Releases

Another bitter litigation between two noted LED manufacturers has come to an end. The Intellectual Property High Court of Japan (IPHC) announced on 18th of Jan, 2017 a dismissal of the lawsuit Everlight filed to call for injunctions against Nichia based on the Japanese Unfair Competition Act.

(Nichia/ LEDinside)

The feud dates back to August 2011 when Nichia accused Chip One Stop, Inc., a third-party shopping site of electronic components and semiconductors, of importing and selling GT3528 white Everlight LED that, Nichia claimed, infringed the Japanese Patent No. 4530094 (JP’094) owned by Nichia. Two months after that, Nichia sued Tachibana Eletech Co., Ltd., for the similar reason that it sold Everlight’s GT3528 and 61-238 white LEDs, both of which were ‘the white LEDs in dispute.’ To debunk the infringement of Everlight and related sellers, Nichia posted on its official website several press releases concerning the aforementioned litigations. Choosing to fight back, Everlight filed a lawsuit saying Nichia’s publishing those releases had turned the competition unfair and harmful to Everlight and an injunction should be imposed against Nichia.

On 30th of Jan, 2014, the Tokyo District Court issued a court of first instance judgement to dismiss Everlight’s appeal, justifying that Nichia’s publications did not cause any violations constituting unfair competitions. Beyond question, Everlight disagreed with the decision and appealed to a higher court, yet failing as the IP High Court of Japan also announced a dismissal, giving reasons that Everlight’s white LED essentially infringed the JP’094 Patent and that Nichia did not violate the law.

Nichia would go great length to defend its patents and properties from any potential infringement, and, if necessary, will take actions against whoever commits violations at any places.

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