Patent wars set the tone for first half of 2015, a long list of lawsuits included Everlight’s long battle with Nichia, and patent disputes between Cree and Feit Electric. These developments alerted Chinese manufacturers to the fact that they had very little influence and power in the world of patents. Moreover, there were still many obstacles for Chinese companies to overcome.

LED package manufacturer Everlight and Japan’s largest LED manufacturer Nichia initiated patent wars in Japan, Taiwan, Germany, U.S. and other countries for the past decade, reported Chinese-language magazine Money Weekly. Nichia is one of the top five global LED manufacturers, and spending largely on patent lawsuits against Everlight.  The reason behind these tactics is patents are the only arsenal left for LED Japanese manufacturers that are falling behind Taiwanese and Chinese counterparts production expansion.

As the global LED lighting demand kicks off, patent wars are becoming the inevitable. There are, however, tricks in patent applications. U.S. LED manufacturer Cree for example cast an encompassing network with its proposal of “my patents include all light emitting products.” In comparison, Taiwanese LED manufacturers have been too conservative in their approach, which can easily be avoided.

On Feb.,11, 2014, the United States Patent and Trademark Office (USPTO)  issued a Final Written Decision in inter partes review (“IPR”) proceeding IPR2012-000005. The USPTO held that all claims of United States Patent No. 6,653,215 (the “’215 Patent”) are not patentable, and ordered them cancelled. The USPTO also denied Emcore Corporation’s Motion to Amend Claims. A copy of the Final Written Decision is attached below.

On December 20, 2013, the United States District Court for the Eastern District of Michigan granted four separate Motions that Nichia brought against Everlight for deficiencies in the discovery provided by Everlight in the ongoing patent infringement litigation involving YAG phosphors to create white LEDs.*1

On November 22, 2013, Nichia Corporation (“Nichia”) filed an amended complaint in its on-going patent infringement lawsuit against Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and Everlight’s U.S. subsidiary Everlight Americas, Inc. (collectively “Everlight”), originally filed on September 11, 2013, in the U.S. District Court for the Eastern District of Texas.

Patent wars between Japanese LED manufacturer Nichia and Taiwanese manufacturer Everlight have intensified over the last two to three years. Last month, Katsuyuki Akutagawa, General Manager of Legal Affairs and Intellectual Properties at Nichia visited Taiwan to clarify the ongoing disputes. Akutagawa pointed out that Everlight has continued to file meaningless patent invalidity lawsuits against Nichia. In response, the Japanese company declared a full scale patent war against the largest Taiwanese LED manufacturer, and revealed plans of hunting down Everlight for patent infringements in any country, by taking all necessary legal actions.