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Düsseldorf Court of Appeal Confirms Infringement of Nichia‘s YAG Patent by Everlight

Published: Jan 10,2017

With judgment of December 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH concerning six accused white LED products.

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Nichia had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 56/12) against Everlight. The lawsuit at the District Court concerned the Everlight 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, and SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET.

With judgment of September 3, 2013, the Düsseldorf District Court confirmed Nichia’s complaint and found for patent infringement by Everlight with regard to all these LED products. The appeal against this judgment filed by Everlight has been now fully dismissed by the Düsseldorf Court of Appeal.

With regard to two further products 67-21S/KK2C-H5050M41N42936Z6/2T and 334-15/T2C2-1TVB by which the complaint had been broadened by Nichia during the course of the appeal instance, the Düsseldorf Court of Appeal found the broadening concerning these two products as being late filed and thus inadmissible, without deciding however about the question of patent infringement.

The Düsseldorf Court of Appeal did not allow Everlight for further appeal against this judgment. Nevertheless, there exists the option for Everlight to ask the Federal Court of Justice to allow such further appeal.

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