Nichia Reports on Court Ruling and Filing of New Lawsuit

Düsseldorf Court of Appeal Confirms Harvatek Infringed Nichia’s YAG Patent

According to the judgment on January 20, 2017 (docket number I-2 U 41/12), the Düsseldorf Court of Appeal in Germany confirmed that Harvatek Corporation of Taiwan infringed Nichia’s YAG Patent EP 0 936 682 (DE 697 02 929).

The court found that four of Harvatek’s white LED products alleged in the original complaint infringed Nichia’s YAG Patent, “HT-V116TW”, “HT-U158TW”, “HT-P178TWU-PQPS-DG” and “HT-T169TW”. The ruling stemmed from Nichia’s original filing of a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 236/10) against Harvatek.

With the judgment of March 29, 2012, the Düsseldorf District Court confirmed Nichia’s complaint and found that Harvatek infringed the YAG Patent with these LED products. With the recent ruling, the Düsseldorf Court of Appeal has fully dismissed the appeal against this judgment.

Despite the fact that Düsseldorf Court of Appeal did not allow Harvatek for a further appeal against the ruling, Harvatek still has the option of asking the Federal Court of Justice to allow such further appeal.

Nichia Filed Infringement Lawsuit Against EBV

On February 22, 2017, Nichia Corporation filed a patent infringement lawsuit at the District Court Düsseldorf in Germany against the German-based distributor EBV Elektronik GmbH & Co. KG and EBV Management GmbH (both “EBV“).

In the lawsuit, Nichia seeks a permanent injunction, rendering accounts, damages, recall, and the destruction of the infringing products. The claim alleges that the Everlight Electronics white LED product “XI3535-KT577J1-03201-000P”,  which EBV distributed in Germany, infringes Nichia’s YAG patent EP 0 936 682 (DE 697 02 929).

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