© tom_schmucker dreamstime.com Business | August 22, 2016
Nichia wins German Federal Court judgment
The German Federal Court of Justice determined on August 16, 2016, that Nichia's YAG (yttrium aluminum garnet) phosphoric material patent EP 936 682 (DE 697 02 929) is valid.
As a consequence, the Federal Court of Justice lifted entirely the first instance judgment of the German Federal Patent Court from 2014 which had found Nichia’s YAG patent invalid and dismissed in total the nullity action initiated by Everlight Electronics Co., Ltd. This judgment of the German Federal Court of Justice is final and legally binding and cannot be appealed anymore by Everlight. The Düsseldorf District Court (Germany) in a judgment dated September 3, 2013 found Everlight and its German subsidiary Everlight Electronics Europe GmbH liable for infringing Nichia’s YAG patent in respect of six white LED products. Everlight appealed this decision to the Düsseldorf Higher Regional Court. The appeal proceedings were stayed on October 22, 2014 after the first instance judgment of the Federal Patent Court. These infringement appeal proceedings against Everlight will be now continued after the patent-confirming judgment of the Federal Court of Justice. "Nichia welcomes the decision of the German Federal Court of Justice confirming the validity of the YAG patent. Nichia’s YAG patent is of utmost importance for the white LED market. Nichia will claim, among others, damages with regard to past infringement based on the court’s unrestricted confirmation of the YAG patent’s validity", the company writes in a statement.
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