German Court Grants Osram Favorable Ruling in Patent Infringement Lawsuit Against ASUS and Unity Opto

Osram has obtained a favorable first instance judgment in a patent infringement lawsuit against the Taiwanese consumer electronics manufacturer ASUSTek Computer Osram had claimed that certain white LED such as those incorporated in first generation ASUS Nexus 7 tablets infringe its German patent DE 196 55 185. The District Court in Düsseldorf has awarded Osram an injunction and found that ASUS has to compensate Osram’s damage caused by the patent infringement. ASUS has filed an appeal against this judgment. Osram has initiated the provisional enforcement of the judgment against the provision of a security.

ASUS did not dispute patent infringement in the proceedings. The District Court has further rejected ASUS’ motion to stay the proceedings following an invalidity lawsuit raised against the patent by the Taiwanese company Unity Opto Technology in the German Federal Patent Court. The District Court has found that there is no sufficient probability that the patent will be revoked. A final decision in the invalidity lawsuit has not yet been made. Unity Opto is a manufacturer of LED used by ASUS.

Since settlement could not be reached with either ASUS or Unity Opto, Osram has meanwhile filed three further patent infringement lawsuits against ASUS with the District Court Düsseldorf.

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