IP, Reports & Roadmaps | Oct 10, 2011

Two Lawsuits Filed Again against EVERLIGHT's White LED Products

On October 4, 2011, Nichia Corporation ("Nichia"; head office: Anan-Shi, Tokushima Prefecture, Japan; Representative Director: Eiji Ogawa) has filed two patent infringement lawsuits in Tokyo District Court to enjoin Tachibana Eletech Co., Ltd. ("Tachibana"; head office: Osaka-Shi, Osaka Prefecture, Japan; Representative Director: Takeo Watanabe) from infringing Nichia's patent (No. 4530094, or "patent No. 094") and to claim damages for the infringement with regard to white LED products (product number: GT 3528 series and 61-238 series) manufactured by EVERLIGHT ELECTRONICS Co., Ltd. ("Everlight"; head office: Tu-Cheng City, Taipei County, Taiwan; Chairman: Robert Yeh), the largest LED assembly manufacturer in Taiwan, and imported, sold, etc. by Tachibana.

Nichia has asserted its rights in all regions of the world against any infringements of Nichia's patents, and has taken firm steps against infringements of Nichia's patents in the Japanese market in particular. However, the recent behaviors of Chinese, Korean and Taiwanese LED chip and package manufacturers in the Japanese market, disregarding and infringing patent rights, has grown intolerable. As one of the means to counter such infringements of Nichia's patents in the Japanese market, Nichia has filed a lawsuit in August 2011 against a company that sold white LED products of Everlight, to which the defendant thereto acknowledged that the white LED products fall within the scope of the claim of Nichia's patent and terminated the sale, etc. of the products. The present lawsuits following this lawsuit seek termination of sale, etc. by Tachibana as well.

Note: Outline of the asserted patent:
Typical white LEDs presently found in the market achieves white colored radiation by combining LED chips emitting blue light with phosphors emitting light of yellow and other various colors.
The asserted patent in this lawsuit (patent No. 094) is a patent on technology regarding the density of the phosphor inside such white LED, and is not limited to white LEDs using a certain type of phosphor.

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