Everlight scores victory over Nichia

[Erik Sine]

Everlight scores a victory in invalidating Nichia's patent claims, but what does it mean?

LED firm wins victory in patent battle against Japanese rival

2011/10/21 20:37:55 Taipei, Oct. 21 (CNA)

Everlight Electronics Co. Ltd., a Taiwan-based light-emitting diode (LED) product supplier, said Friday it has won an administrative suit that it believes will give it an edge in other patent proceedings against Nichia Corp. of Japan.

Taiwan's Supreme Administrative Court upheld a High Administrative Court verdict which ruled that a patent asserted by Nichia related to LED component production technology was invalid, according to Everlight.

According to Everlight, the court agreed with its contention that Nichia was not the inventor of the patent and that Everlight had the right to apply the technology covered by the patent to its production process.

Everlight, whose production line includes LED components, LED lighting, and testing and packaging services, said the Intellectual Property Office of the Ministry of Economic Affairs is expected to revoke the particular patent it has granted to Nichia.

The company initiated the patent invalidation process in 2009, arguing that the use of the disputed patent did not violate Nichia's intellectual property rights.

Everlight's move came after Nichia followed a civil suit against Everlight in 2006 for patent infringement.

That case remains in the court system, and Everlight said the Supreme Administrative Court's patent invalidation ruling would help it gain the upper hand in the litigation.

To date, Everlight has launched 21 different legal actions worldwide to have patents asserted by Nichia declared invalid.

Facing a global intellectual property battle that has turned fiercer than ever, the company said it had made a huge commitment to research and development to enrich its patent portfolio, which has now grown to more than 700 patents.

[Brian]

ouch !!!

[Erik Sine]

UPDATE:

Taipei, Oct. 25, 2011 (CENS)--Taiwan’s Supreme Administrative Court recently ruled for Everlight Electronics Co., Ltd., dismissing an appeal by Nichia in a lawsuit related to LED patent.

The court maintained the determination made by Taiwan’s Intellectual Property Court, which ruled against Nichia’s No.089,036 LED patent suit, to which Nichia appealed with the supreme court.

Upon informed of the decision, Everlight chairman Y.F. Yeh said the company will continue fighting other patent disputes with Nichia. He once said his company will resolutely fight lawsuits filed by competitors in the LED industry without initiating patent lawsuits.

Pushing into the Japanese LED lighting market, Everlight is believed to encounter more patent lawsuits filed by Nichia.

Industry executives say that Everlight had discovered evidence to invalidate many Nichia patents since it started studying such patents in 2006. So far, 21 Nichia patents have been reportedly invalidated worldwide.

Taiwan’s courts announced invalidation of No. 089,036 patent in a July 2010 patent litigation and in a March 2011 criminal litigation.

Everlight executives say that the company has been working for many years to set up its IP database in preparation for potential lawsuit.

Industry executives say that the Everlight-Nichia litigation is only the start of endless patent lawsuits in the global LED industry, saying the bright outlook for the LED lighting market has lured non-LED heavyweights to jump on the bandwagon, likely adding fuel to the patent war fire.

[manuellynch]

I think there is multiple lawsuits and a lot of patents... you lose some I guess...but it appears Nichia wins most cases.