In 2012, EVERLIGHT filed a declaratory judgment action of invalidity and non-infringement against Nichia’s U.S. Patent Nos. 5,998,925 and 7,531,960 in the U.S. District Court for the Eastern District of Michigan. These two patents are directed to YAG phosphors being used in LEDs and phosphor concentration. The jury on April 22, 2015 has found all the asserted patent claims invalid. And the court has rejected Nichia’s motions for a new trial and confirmed the jury finding on January 19, 2016.
EVERLIGHT also in March 2012 filed an invalidation action against Nichia’s white LED patent in Germany (DE 69702929)(EP 0936682). German Federal Patent Court has in September 2014 found all claims of such patent invalid and requested Nichia to bear litigation fee.
Nichia on March 24 announced on its website that a patent infringement action was filed in Beijing IP Court on the basis of its Chinese Patent Nos. 97196762.8 and 200610095837.4. These two patents are in the same family of the previously mentioned white LED patents. EVERLIGHT believes these two Chinese patents should also be invalid and will assist its distributors in defending such litigation. EVERLIGHT respects intellectual property rights and will defend and protect the benefits of its customers and shareholders.
EVERLIGHT has filed invalidation actions against Nichia’s white LED patents around the globe. Most jurisdictions have found Nichia’s patents invalid. Nichia’s white LED patents will also soon expire in 2017. EVERLIGHT believes the court in China will also find Nichia’s patents invalid.
EVERLIGHT acknowledges the findings made by the U.S. District Court for the Eastern District of Texas on the U.S. Patent No. 8,530,250. The court has denied Nichia’s injunction request. EVERLIGHT will appeal to the other findings and believes the appellate court will stand on the side of EVERLIGHT.
EVERLIGHT will continue to develop new products, materials and manufacturing processes and strengthen its intellectual property portfolio so as to maintain the competitiveness of its products and protect the benefit of its customers and shareholders.