In the patent infringement lawsuits in
Germany at the Düsseldorf District Court which Nichia Corporation ("Nichia") filed
against Everlight Electronics Co., Ltd. (Taiwan) and Everlight Electronics Europe GmbH
("Everlight", docket number 4a O 56/12), as well as their German
distributors Future Electronics Deutschland GmbH (docket number 4a O 59/12) and
REGO Lighting GmbH (docket number 4a O 108/12), the court found with judgments
of the same day that Everlight and said distributors infringe Nichia's patent EP 936 682 (DE 697 02 929) (hereinafter called "YAG
patent") concerning the accused white 100W LED Floodlight.
The court rendered
judgments in favor of Nichia's claims for permanent injunction, also rendering
an accounting and damages. With regard to Everlight Electronics Europe GmbH and
both of the distributors, the court furthermore ordered the recall of the
accused products from their commercial customers and the destruction of the accused
products being owned or in possession by them. All of the judgments are not
final and can be appealed.
The court found in
respect of Everlight that all accused Everlight products, i.e. six different
white LED products (SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T,
67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T,
45-21/QK2C-B45562C4CB2/2T, SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET)
infringe claim 1 of the YAG patent, combining YAG-based phosphor with led tube light manufacturer.
With regard to the
German distributor Future Electronics Deutschland GmbH, the product SMD Low
Power LED 61-238/LK2C-B56706F4GB2/ET was attacked in Nichia's infringement
complaint and was found to be infringing by the court. With regard to the
German distributor REGO Lighting GmbH, the product
OL-Deluxe/QL2/P44/LF/D50/SR/M/CE/ZN containing S-L Cobra/T5
048DC/C/P10/LF/D50/ZN was accused and was found to be infringing by the court.
The court also
refused the defendants' request to stay the infringement proceedings with regard
to a parallel nullity action filed by Everlight Electronics Co., Ltd. (Taiwan) in the German Federal Patent Court. This
nullity action (docket number 2 Ni 11/12) is directed against Nichia's YAG
patent but not yet decided.
Nichia believes
that this judgment of the Düsseldorf District Court is of utmost importance for
the white LED Garden Lamp business in general.
Nichia seeks to
protect its patents and other intellectual property rights and takes actions
against alleged infringers in any country where appropriate and necessary.
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