In response to Nichia’s press release on February 20 related to the U.S. Patent No. 6,653,215, Everlight clarifies that the decision made by the U.S. Patent and Trademark Office (USPTO) is not final and still appealable. The decision itself has no effect on Everlight’s products.  Everlight will appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) against the USPTO’s decision.

Everlight filed invalidation request against Nichia’s blue LED patent JP2735057 on July 23, 2012.  Japan Patent Office (JPO) granted Everlight’s request and found claims 1, 3, 16-18 of the ‘057 patent invalid.  Nichia appealed to the Japan Intellectual Property (IP) High Court.  The IP High Court affirmed the JPO’s decision on July 18, 2013.  Nichia appealed to the Supreme Court of Japan.  The Supreme Court on February 7, 2014 denied Nichia’s appeal and affirmed the lower court’s decision.  The invalidation finding of JPO is therefore final and the claims 1, 3, 16-18 of Nichia’s ‘057 patent are for certain invalid.

Everlight always respect intellectual property and will continue to defend the rights and benefits of its customers and shareholders.  Nichia started accusing Everlight of infringing its patents since 2006.  Both civil infringement and administrative invalidation actions in Taiwan resulted in favorable rulings for Everlight.  Everlight also has filed patent litigations against Nichia in the United States, Germany, Japan and mainland China in order to defend its rights and benefits.