Mitsubishi Chemical Corporation (MCC; Head office: Chiyoda-ku, Tokyo; President Hiroaki Ishizuka) and National Institute for Materials Science (NIMS; Location: Tsukuba-shi, Ibaraki; President: Sukekatsu Ushioda) today announced that the Patent Court of Korea rejected an appeal by U.S.-based Intematix Corporation contesting a patent for red phosphor owned by MCC and NIMS (Korean Patent No. 816693) — a material used extensively in light-emitting diodes (LEDs). The court’s decision, effective June 3, 2014, rules in favor of the patent’s validity. 

Intematix brought legal action in the Intellectual Property Tribunal of the Korean Intellectual Property Office on September 7, 2012 to invalidate the patent, but on April 30, 2013, the Tribunal dismissed the claim and ruled that the current patent was valid. Intematix appealed the decision to the Patent Court of Korea, which upheld the original ruling. 

Further, MCC filed patent infringement litigation against Intematix and GVP, Ltd., its sales agent in Korea, in Seoul Central District Court on December 20, 2011. On February 5, 2013, Seoul Central District Court ruled in MCC’s favor and banned the import and sale of Intematix products in Korea.

MCC and NIMS remain vigilant in their efforts to protect patent rights and will move aggressively to prevent any patent infringement