On February 8, 2023, the Düsseldorf Court of Appeal (docket number I-15 W 3/23) confirmed the first instance enforcement decision of the Düsseldorf District Court in favor of Nichia Corporation (“Nichia“) and dismissed the appeal raised by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both “Everlight”). This decision is final and cannot be appealed anymore by Everlight.

The decision is of major importance in relation to Nichia's damage compensation claim due to the infringement of Nichia's YAG patent EP 936 682 (DE 697 02 929) by Everlight. It confirms Nichia's legal view and the first instance decision (docket number 4a O 56/12 ZV II) that Everlight’s obligation to render account information covers not only the infringing products explicitly cited in the infringement judgment, but also all other products of Everlight which are essentially similar to those products. The fine of EUR 15,000 imposed in first instance on Everlight was equally confirmed by the Court of Appeal. The rendering account information forms the basis for the calculation of the damages which Nichia can seek from Everlight because of the patent infringement. Hence, Everlight now has to render this broader account information to Nichia.

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