Shulin Dist., New Taipei City, Taiwan (R.O.C.) - Global manufacturer leader in LED optoelectronics industry, Everlight Electronics Co., Ltd. [TSE:2393] requested a trial for invalidation against Nichia’s white LED patent No. 383,508 with the Taiwan Intellectual Property Office (TIPO) in August 2011. The patent is directed to YAG phosphors being used in LEDs and flat panel lighting sources. TIPO held the patent invalid in July 2016. Later, Nichia filed a petition against such decision, however, it was denied and Nichia further appealed to the Intellectual Property Court (IPC). On April 12, 2018, IPC dismissed Nichia’s appeal and again confirmed that the patent is invalid. The decision is not final and can be appealed.
Everlight also filed a declaratory judgment action against Nichia for invalidity and non-infringement of U.S. Patent Nos. 5,998,925 and 7,531,960 in the U.S. District Court for the Eastern District of Michigan in April 2012. These two patents are directed to YAG phosphors being used in LEDs and phosphor concentration. The District Court found Nichia’s all asserted claims invalid. Nichia then appealed to United States Court of Appeals for the Federal Circuit (CAFC), while in March 30, 2018, CAFC again confirmed the patent’s invalidity. Everlight prevails again. The decision is not final and can be appealed.
In response to Nichia August 29 press release regarding the decision of German Federal Patent Court, the decision can still be appealed. Everlight believes the patent should be invalid as well. Furthermore, the patent expired on July 29, 2017 and has no influence on Everlight’s current products.
EVERLIGHT respects intellectual property rights and does not tolerate any infringement and will devote to the protection of customers’ and shareholders’ benefits and rights.