With judgment dated August 16, 2016 (docket number X ZR 96/14), the German Federal Court of Justice decided that the German part of Nichia’s patent EP 936 682 (DE 697 02 929), i.e. the “YAG patent” is valid. As a consequence, the Federal Court of Justice lifted entirely the first instance judgment of the German Federal Patent Court from 2014 (docket number 2 Ni 11/12) which had found Nichia’s YAG patent invalid and dismissed in total the nullity action initiated by Everlight Electronics Co., Ltd. (“Everlight”).

This judgment of the German Federal Court of Justice is final and legally binding and cannot be appealed anymore by Everlight.

The Düsseldorf District Court (Germany) in a judgment dated September 3, 2013 found Everlight and its German subsidiary Everlight Electronics Europe GmbH liable for infringing Nichia’s YAG patent in respect of six white LED products (docket number 4a O 56/12; please see for further information http://www.nichia.co.jp/en/about_nichia/2013/2013_090901.html). Everlight appealed this decision to the Düsseldorf Higher Regional Court (docket number I-15 U 31/14). The appeal proceedings were stayed on October 22, 2014 after the first instance judgment of the Federal Patent Court. These infringement appeal proceedings against Everlight will be now continued after the patent-confirming judgment of the Federal Court of Justice.

Nichia welcomes the decision of the German Federal Court of Justice confirming the validity of the YAG patent. Nichia’s YAG patent is of utmost importance for the white LED market. Nichia will claim, among others, damages with regard to past infringement based on the court’s unrestricted confirmation of the YAG patent’s validity.

Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.