The Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia by Taiwanese LED manufacturer Everlight Electronics and its German subsidiary. The judgment was on December 22, 2016.
Nichia had previously filed a patent infringement lawsuit in Germany concerning the Everlight white LED products SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, 45-21/QK2C-B45562C4CB2/2T, and SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET. The YAG patent involves combining YAG-based phosphor with GaN-based blue LED.
With judgment of September 3, 2013, the Düsseldorf District Court confirmed Nichia's complaint and found for patent infringement by Everlight with regard to all these LED products. An appeal against this judgment filed by Everlight has been now fully dismissed by the Düsseldorf Court of Appeal.
With regard to two further products 67-21S/KK2C-H5050M41N42936Z6/2T and 334-15/T2C2-1TVB by which the complaint had been broadened by Nichia during the course of the appeal, the Düsseldorf Court found that the broadened complaint was filed late and was therefore inadmissible.
The Düsseldorf Court of Appeal did not allow Everlight for further appeal against this judgment. Nevertheless, there exists the option for Everlight to ask the Federal Court of Justice to allow such further appeal.