With judgment dated July 19, 2018 (docket number 2 Ni 55/16 (EP)), the German Federal Patent Court fully confirmed the validity of the German part of Nichia’s YAG patent EP 936 682 (DE 697 02 929). As a consequence, the court completely rejected the nullity action of Everlight Electronics Europe, the German subsidiary of Taiwanese LED manufacturer Everlight. The judgment of the Federal Patent Court is not final and can be appealed.

In September 2010, Nichia Corporation (“Nichia“) started a patent infringement lawsuit in Germany against Taiwanese LED manufacturer Harvatek Corporation (“Harvatek“) concerning Harvatek‘s white LED products

The court rendered the judgment in favor of Nichia's claims for permanent injunction, also rendering of accounts and damages. Furthermore, the court confirmed Nichia's claim for recall of the accused products from the commercial customers and destruction of the accused products being owned or in possession by WOFI. The judgment is not final and can be appealed.

As reported in a prior press release, in its judgement of December 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal in Germany has confirmed the infringement as already found at court in first instance of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation ("Nichia") by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both "Everlight") concerning six accused white LED products. The further appeal of the Everlight affecting judgement was not allowed by the Düsseldorf Court of Appeal. Everlight has filed in the meantime against this decision a request with the Federal Court of Justice (docket number X ZR 5/17) to allow such further appeal.

As reported in a prior press release, on September 29, 2016, the Düsseldorf District Court in Germany had granted a preliminary injunction against Mouser Electronics Inc. ("Mouser") based on a request of Nichia Corporation ("Nichia"). The court admitted Nichia's arguments that the white LED product "334-15/X1C5-1QSA" manufactured by Everlight Electronics Co., Ltd. and distributed by Mouser in Germany infringes Nichia's YAG patent EP 936 682 (DE 697 02 929).

With judgment of Dec. 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation (“Nichia“) by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both “Everlight“) concerning six accused white LED products.

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. 

Japanese LED manufacturer Nichia left a blazing trail of patent lawsuits in 2016, and the latest suit against B&Q seems to add onto the latest list of U.S. LED bulb retailers and distributor suits, except this suit should be viewed independently.

In 2012, EVERLIGHT filed a declaratory judgment action of invalidity and non-infringement against Nichia’s U.S. Patent Nos. 5,998,925 and 7,531,960 in the U.S. District Court for the Eastern District of Michigan. These two patents are directed to YAG phosphors being used in LEDs and phosphor concentration. The jury on April 22, 2015 has found all the asserted patent claims invalid. And the court has rejected Nichia’s motions for a new trial and confirmed the jury finding on January 19, 2016. 

Everlight claims Nichia’s recent press release about its lawsuit against its German subsidiary WOFI was taken out of context, especially regarding the YAG patent lawsuit rulings.

In response to Nichia Corporation’s press release posted on July 16, 2015, Everlight clarifies that all claims of Nichia’s EP 936682 (DE 69702929) patent have been declared invalid by the German Federal Patent Court. The infringement action on this patent has been stayed by the German Düsseldorf appellate court. 

A new white LED patent which covers, among others, YAG phosphors has been granted by the European Patent Office in favor of Nichia Corporation ("Nichia"), namely EP 2 197 053.