Düsseldorf Court of Appeal Rules Against Everlight in Nichia Infringement Case

On December 22, 2016, the Düsseldorf Court of Appeal ruled (docket number I-15 U 31/14) that Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH infringed Nichia’s YAG phosphor patent EP 0 936 682 (DE 697 02 929) with its six white LED products.

Nichia also filed a patent infringement lawsuit against Everlight in Germany at the Düsseldorf District Court (docket number 4a O 56/12). The lawsuit at the District Court concerned the Everlight white LED products 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, SL-PAR38/B/P17/30/E30/ND, 45-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, and SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET.

With judgment on September 3, 2013, the Düsseldorf District Court confirmed Nichia’s complaint and found that Everlight infringed Nichia’s YAG Phosphor patents with all the LED products listed in the complaint.
Nichia points out that the Düsseldorf Court of Appeal has now fully dismissed the appeal against the September 2013 judgment that Everlight filed.

During the appeal, Nichia attempted to broaden the infringement complaint against Everlight, alleging that two further products 67-21S/KK2C-H5050M41N42936Z6/2T and 334-15/T2C2-1TVB also infringed the patents.
However, the Düsseldorf Court of Appeal ruled that its motion to broaden the infringement complaint with two more products was filed late and thus inadmissible without ruling about whether or not the newly added products infringed the patents.

The Düsseldorf Court of Appeal did not allow Everlight to appeal the judgment further. Nevertheless, Everlight could still ask the Federal Court of Justice to allow such further appeal.

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