Wed, May 21, 2014 - Page 14 News List

Everlight wins Japan patent ruling

By Helen Ku  /  Staff reporter

Everlight Electronics Co (億光電子) on Monday said it had received a favorable ruling from the Japan Patent Office in another one of its long-running patent disputes with Nichia Corp.

The nation’s top LED chip packager said it filed a complaint with the Japan Patent Office on Sept. 5, 2011, against a patent owned by Nichia — Japanese Patent No. 4,530,094 (JP’094), which is related to phosphor concentration in white-light LEDs.

On May 1, the office declared all of Nichia’s claims to the patent invalid after more than two years of trial, Everlight said in a statement.

Everlight, based in New Taipei City’s Shulin District (樹林), said the ruling was “a prevailing decision” that would help strengthen its foothold in the Japanese LED market.

“JP’094 is Nichia’s white-light LED patent. This decision will be significantly beneficial to Everlight’s endeavor to enter the Japanese LED market,” the company said.

However, Nichia’s Taiwan-based attorney, Chien Hsiu-ru (簡秀如), said the Japanese firm plans to appeal the ruling to Japan’s Intellectual Property High Court.

“Nichia believes its claims will be recognized by the Intellectual Property High Court,” Chien said in a statement.

“Nichia believes there is a strong possibility that the high court will accept its claims and consider its patent valid,” Chien added.

Since 2006, Everlight and Nichia have sued each other over patent infringement issues in 28 cases in Taiwan, Japan, the US, Germany and China.

Nichia has had its patent claims upheld in 19 cases, while Everlight won a lawsuit in Taiwan in 2011. Trials are still under way in eight lawsuits, including the case the Japan Patent Office just ruled on.

Chien said Nichia had been involved in a total of seven patent litigations against Taiwanese companies, including Everlight, at Japan’s Intellectual Property High Court in the course of its 58-year history.

The company had received six favorable rulings from the high court, she added.

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