Japanese
LED giant Nichia Corporation recently announced that the Düsseldorf Court of Appeal in Germany has confirmed that four white LED products by Taiwanese LED manufacturer Harvatek Corporation infringe Nichia’s YAG Patent EP 0 936 682 (DE 697 02 929).
In response, Harvatek issued an official statement saying the company expresses regret about the Düsseldorf Court’s decision and is planning to further appeal to The Federal Court of Justice (Bundesgerichtshof – BGH) against the judgement.
(Harvatek/ LEDinside)
Harvatek emphasizes that the company has always respected intellectual property rights and has acquired licenses for white LED patents from global manufacturers. After Nichia filed patent infringement lawsuits against Harvatek in 2010, the company immediately introduced a stringent quality management system and stopped using disputed materials.
In addition, sales of the four accused white LED products only account for a small share of Harvatek’s total revenue. Thus, the infringement judgement will not impact Harvatek’s business operation and the rights of its clients.
Shares of Harvatek plunged 4.65% to NTD 10.25 on March 9th.
Nichia had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 236/10) against Harvatek. The lawsuit at the District Court concerned Harvatek's white LED products "HT-V116TW", "HT-U158TW", "HT-P178TWU-PQPS-DG" and "HT-T169TW".
With judgment of March 29, 2012, the Düsseldorf District Court confirmed Nichia's complaint and found for patent infringement by Harvatek with regard to all four LED products. The appeal against this judgment filed by Harvatek has been fully dismissed by the Düsseldorf Court of Appeal.
The Düsseldorf Court of Appeal did not allow Harvatek for further appeal against this judgment. Nevertheless, there exists the option for Harvatek to ask the Federal Court of Justice to allow such further appeal.
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