Mitsubishi Chemical Corporation announced that it obtained a judgment recognizing an infringement of its red phosphor patent in China by Yantai Shield Advanced Materials (Shield).
Mitsubishi Chemical has filed a suit in the Shenzhen Intermediate People's Court on January 23, 2015, accusing the Chinese company of infringement of the patents (No. ZL200480040967.7, No. ZL200710199440.4, and No. ZL201110066517.7) that are related to red phosphor. The patents are owned by Mitsubishi and the National Institute for Materials Science (NIMS). Mitsubishi Chemical sought an injunction on the production and sale of phosphors in China and damages in this litigation. The court recognized Mitsubishi Chemical’s claim and adjudicated an injunction to Shield's aforementioned infringement action and ordered Shield to pay a total of RMB 6 million (US$ 861,042) as compensation.
In this litigation, the basic patent for red phosphor called CASN, SCASN, or 1113 phosphor is involved, and Shield filed a claim requesting the invalidation of the patents in July 2015. However, the board dismissed every aspect of the claim and recognized the validity of the patents, and Mitsubishi Chemical received written decisions effective April 7, 2016.