Chinese Court Invalidates Cree LED Patent in Harvatek Lawsuit

News Source: 
UDN

Chinese courts have invalidated Cree’s patent “Apparatus and method for mounting electronic elements” (CN 200780015100.X) in its patent infringement lawsuit against Harvatek, said Harvatek Spokesperson Chi Hsiung Cheng. The company’s future product sales will benefit from the ruling, he added.

A diagram from Cree's Apparatus and method for use in mounting electronic elements (US 8362605) patent, which is a similar patent to CN 200780015100.X. (Photo Courtesy of USPTO)

Harvatek submitted its application to invalidate Cree’s CN 200780015100.X patent on Dec. 22, 2014. Leader Patent &Trademark Firm, a law firm based in Beijing, was commissioned to represent Harvatek. Patent Examination Board of State Intellectual Property of PRC ruling on July 26, 2015, invalidated the patent and all its claims.

Top U.S. LED manufacturer Cree filed a patent infringement lawsuit against Harvatek, claiming the Taiwanese company had infringed six LED package patents. Harvatek has asked U.S. courts to invalidated all six patents, including US 8362605 (Apparatus and method for use in mounting electronic elements), a patent corresponding to 200780015100.X. With the Chinese court setting a precursor in invalidating a related patent, Harvatek believes the corresponding U.S. patent will also be invalidated.

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