Jiangsu Bree Optronics, a Chinese phosphor manufacturer, claimed patent invalidity against The National Institute for Materials Science (NIMS) in Japan, who changed the licensing scheme for its comprehensive patent on red phosphor since October 2018.

In October 2018, NIMS announced a new licensing scheme to the patents on the nitride red phosphor by the name of CASN, SCASN or 1113 phosphor (S/CASN phosphor). Originally, companies manufacturing LED devices were able to purchase S/CASN phosphors from phosphor manufacturing companies holding NIMS’ comprehensive patent license and use them to produce LED products without acquiring an application patent license from NIMS. NIMS then decided to divide its S/CASN phosphor patent into manufacturing patents and application patents to protect the profits of designated phosphor manufacturers and devices.

(Image: NIMS)

Several Chinese LED manufacturers were affected by the new licensing scheme and asserted that some of their LED package products should not be applied with NIMS patent. The new licensing scheme from NIMS will increase product cost and impact the competiveness in the global market for Chinese companies.

Therefore, Bree Optronics filed a claim in China requesting the invalidation of NIMS’s patent for nitride red phosphor, aiming to assert its property right.

If Bree Optronics successes in the patent invalidity claim against NIMS, other Chinese LED packagers will also benefit from the result.