Everlight infringed Nichia‘s YAG patent, rules Düsseldorf's Court of Appeal

January 18, 2017 // By Julien Happich
Last December, the Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Japanese materials and chemicals provider and LED manufacturer Nichia Corporation by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both “Everlight“) concerning six white LED products.

The Japanese company had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court against Everlight concerning several white LED products produced by the Taiwanese company, including (SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, 45-21/QK2C-B45562C4CB2/2T), and the SMD low power LEDs (61-238/LK2C-B56706F4GB2/ET).

The patent is about the combination of a YAG-based phosphor with a GaN-based blue LED to create white light. Although the Düsseldorf Court of Appeal did not allow Everlight for further appeal against this judgment, there is still the option for Everlight to ask the Federal Court of Justice to allow such further appeal.

From this court ruling, Nichia expects a permanent injunction to either stop commercializing these patent infringing products or royalty compensation.

"We believe the economical impact of this judgement is quite large", wrote Hideki Hayashi, sales manager of Nichia Europe B.V. in an email exchange with EE Times Europe, adding "For damage compensation, Nichia can freely choose between three calculation methods, namely a reasonable royalty, the profit made by Everlight with the patent infringing products or the lost profit of Nichia".

Visit Nichia at www.nichia.co.jp

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