IP, Reports & Roadmaps | Feb 28, 2007

ITC adopts initial determination of infringement by Epistar’s MB LEDs and agrees to consider whether OMA and GB LEDs infringe as well

San Jose, CA — Administrative Law Judge (“ALJ”) Sydney Harris’ recommendation last month for the exclusion of Epistar’s metal bond (“MB”) products will stand according to a new, favorable ruling issued by the United States International Trade Commission (“ITC”) this week in Philips Lumileds’ patent infringement case against Epistar.

In addition, the ITC will review the Initial Determination to ascertain if the exclusion should also encompass Epistar’s OMA and GB products.

The Commission has adopted ALJ Harris’ rulings that Philips Lumileds’ United States Patent No. 5,008,718 (“718 Patent”); Patent No. 5,376,580; and Patent No. 5,502,316 are valid and enforceable, and that Epistar’s MB I and MB II products infringe the 718 Patent. The ITC’s decision to review whether the ALJ correctly interpreted certain terms in the patents and whether Epistar’s OMA I, OMA II, GB I and GB II LEDs also infringe certain claims of the 718 Patent is a favorable response to Philips Lumileds’ petition. Philips Lumileds is seeking exclusion of these LEDs and products using these LEDs as well. The Commission has requested additional briefing regarding certain issues, as well as on the remedy and proper scope of exclusion. This briefing will take place in the coming weeks, and the Commission is expected to issue its final determination on or before May 8, 2007.

About Philips Lumileds Lighting Company
Philips Lumileds Lighting Company is the world’s leading high-volume manufacturer of power LEDs and a pioneer in the use of solid-state lighting solutions for everyday purposes including automotive lighting, camera flash, LCD televisions, portable lighting and general lighting. The company’s patented LUXEON® Power Light Sources are the first to combine the brightness of conventional lighting with the small footprint, long life and other advantages of LEDs. Philips Lumileds also supplies core LED material and LED packaging, and manufactures billions of LEDs annually. The company is headquartered in San Jose, California, with operations in the Netherlands, Japan, Malaysia and Singapore and sales offices throughout the world. For more information, contact Philips Lumileds at 408-964-2900 or visit www.philipslumileds.com.

About Royal Philips Electronics
Royal Philips Electronics of the Netherlands (NYSE: PHG, AEX: PHI) is a global leader in healthcare, lifestyle and technology, delivering products, services and solutions through the brand promise of “sense and simplicity”. Headquartered in the Netherlands, Philips employsapproximately 121,700 employees in more than 60 countries worldwide. With sales of EUR 27 billion in 2006, the company is a market leader in medical diagnostic imaging and patient monitoring systems, energy efficient lighting solutions, personal care and home appliances, as well as consumer electronics. News from Philips is located at www.philips.com/newscenter.

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