Everlight LED patent wins lawsuit Nichia will appeal if not convinced
In response to a press release issued by Everlight Electronics on May 19 stating that Nichia Chemical's JP4530094 patent was invalidated by the Japan Intellectual Property Office and Everlight won the lawsuit, Nichia immediately responded by pointing out that Nichia will appeal to the Japan Intellectual Property High Court regarding this ruling and believes that (Nichia's) claim will be recognized by the Intellectual Property High Court. Nichia emphasized that in fact, Taiwanese manufacturers including Everlight have filed at least 7 invalidation procedures for Nichia patents that have entered the Intellectual Property Court proceedings, and 6 of them have determined that Nichia's patents are valid (and 1 is pending). Nichia believes that there is a high possibility that the Intellectual Property High Court will accept Nichia’s claim and determine that the patent is valid in the appeal of this case.
Regarding the outcome of the Japan Patent Office's decision on JP4530094, Everlight issued a statement on May 19, stating that the company filed a request for invalidation trial of Nichia Chemical's JP4530094 patent to the Japan Intellectual Property Office on September 5, 2011. Recently (Everlight) has received the notification of the successful trial from the Japan Patent Office and determined that Nichia Chemical's patent is invalid. The outcome of this trial is expected to be of great significance to Everlight, and Everlight is expected to fully open the Japanese market in the future. It is reported that the Japan Intellectual Property Office issued a decision notice on May 1, 2014, confirming that all rights in Nichia's patent are invalid, and the invalid rights include the phosphor concentration distribution of white LEDs.