EVERLIGHT filed a declaratory judgment action against Nichia Corporation (“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 Eastern District of Michigan in 2012. These two patents are directed to YAG phosphor being used in LEDs and phosphor concentration. The court on January 19, 2016 denied Nichia’s motions and confirmed the April 22, 2015 jury verdict that all asserted claims of Nichia’s patents were invalid. In addition to the U.S. court ruling, from 2014, EVERLIGHT has continued to receive favorable rulings in Japan and Germany that Nichia’s patents are invalid. 

In response to Nichia’s July 5 press release regarding an injunction action against Hirose Radio & Electronics (Hirose), the initial investigation disclosed that Hirose is not EVERLIGHT’s customer. EVERLIGHT will continue the investigation and will not hesitate to take any legal action against any misleading press statement that may harm EVERLIGHT.  

The winning rulings in the U.S., Japan or Germany are not affected or changed. EVERLIGHT respects intellectual property rights and will continue to advocate for the interest of its customers and shareholders.  

After its white LED patents were found invalid in the U.S., Japan or Germany, Nichia has been trying to confuse or mislead the market by filing frivolous lawsuits. Nichia’s press releases regarding these lawsuits have no other purpose but only to disrupt the market.