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Electronics Production | November 13, 2007

Kingbright responds to Osrams claims

Kingbright Electronics Co., Ltd. and Kingbright Electronics Europe GmbH are engaged with Osram Opto Semiconductors in Germany regarding patent infringement claims for white and surface-mount LED technologies.
The German District Court of Düsseldorf postponed judgment on two of the claims pending a separate decision on the validity of the patents in question. The court issued a first judgment against Kingbright for the infringement of three Osram patents regarding white-LED technology which temporarily halts the sale of some Kingbright products in Germany.

However, the affected parts make up only a small part of the Kingbright product portfolio and the injunction does not apply outside of Germany. Kingbright has appealed the judgment to the Düsseldorf Higher Regional Court with the court hearing scheduled for late 2008. In the meantime, Kingbright will continue to operate and offer the widest selection of optoelectronic components to our customers in Germany and world-wide.

In addition to the appeal of the infringement judgment, Kingbright is also contesting the validity of the Osram patents. The Düsseldorf court postponed the decision for a number of claims due to the strong possibility that the patents will be invalidated. The German Patent And Trademark Office issued opinions against two Osram utility models, noting they lack inventiveness in comparison to the prior art. Another related European patent is under examination by the European Patent Office and we expect a similar ruling from the EPO. Should the interim opinions be upheld by the court, the utility models will be invalidated and the corresponding infringement judgments against Kingbright will be summarily reversed.

Kingbright respects the importance of intellectual property. However, Kingbright also asserts the uniqueness and innovation of all our products and will continue to defend them against Osram's claims until all issues are resolved to the fullest extent.

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