5 September 2011
Nichia files patent lawsuit against Everlight’s white LED products
On 31 August, Japan-based LED maker Nichia Corp filed a patent infringement lawsuit in Tokyo District Court to enjoin Yokohama-based Chip One Stop Inc from infringing its Japanese patent no. 4530094 with regard to the GT 3528 series of white LED products made by Everlight Electronics Co Ltd (Taiwan’s largest LED assembly manufacturer) and imported and sold by Chip One. Nichia’s patent regards the density of phosphor (which converts the LED chip’s blue light emission into white light), and is not limited to white LEDs using a certain type of phosphor.
Nichia says that it has asserted its rights in all regions of the world against any infringements of its patents, and has taken firm steps against infringements of its patents in the Japanese market in particular. “However, the recent behaviors of Chinese, Korean and Taiwanese LED chip and package manufacturers in the Japanese market, disregarding and infringing patent rights, has grown intolerable,” the firm states.
“As one of the means to counter such infringements of Nichia’s patents in the Japanese market, Nichia has filed this lawsuit against the product of the largest LED package manufacturer in Taiwan,” the firm adds. Nichia expects to file further lawsuits against Everlight’s products.
German court fines TRG €5000 for continuing to distribute Harvatek white LED
On 25 July, the District Court Düsseldorf in Germany ordered German distributor The Republic Group Handelsvertretung GmbH (TRG) to pay a fine of €5000 for importing and selling white LEDs made by Taiwan’s Harvatek (the HT-V116TW and HT-U158TW) which, TRG acknowledged on 18 January, infringe Nichia’s YAG patent EP 936 682 (DE 697 02 929).
In January, the court ordered TRG to comply with Nichia’s patent infringement claims against it (filed in lawsuits in November 2010) and, in particular, to cease and desist from selling, placing on the market, or using or importing or possessing the infringing products in Germany. TRG subsequently stopped selling the products. However, following the judgment, TRG was found to be continuing to sell one of the infringing LEDs (the HT-U158TW) via its website.
The court concluded that, even if not intentionally, TRG caused the breach at least by gross negligence. Therefore, this cannot be regarded as a minor breach or ‘less severe case’, and it cannot be ruled out that there will be another breach in the future.
Accredited as IES LM-80 Testing Laboratory
Nichia’s LED Testing Laboratory has been recognized as an accredited laboratory by IAJapan. The lab meets the ISO/IEC 17025:2005 requirements and will be able to conduct tests for IES LM-80, says the firm.