Press Releases

Feb. 6, 2017

Nichia wins in the Intellectual Property High Court in Japan in an injunctions lawsuit filed by Everlight Electronics Co., Ltd.

On January 18, 2017, in a lawsuit for injunctions, etc., filed by Everlight Electronics Co., Ltd. (hereinafter “Everlight”) against Nichia Corporation (hereinafter “Nichia”) based on the Unfair Competition Prevention Act, etc. (hereinafter, “the Lawsuit”), the Intellectual Property High Court in Japan completely dismissed Everlight’s claims.

In August 2011, Nichia filed a lawsuit against Chip One Stop, Inc., claiming that its activities, such as the importation and sale of white LEDs manufactured by Everlight (series number: GT3528), constituted an infringement of Japanese Patent No. 4530094 (hereinafter “’094 patent”) owned by Nichia, and in October 2011, Nichia filed a lawsuit against Tachibana Eletech Co., Ltd., claiming that its activities, such as the importation and sale of white LEDs manufactured by Everlight (series numbers: GT3528 and 61-238, hereinafter collectively “Everlight’s white LEDs”), constituted an infringement of the ’094 patent owned by Nichia (hereinafter collectively “the Other Lawsuits”), and Nichia uploaded press releases on its website regarding the Other Lawsuits (hereinafter “the Press Release Uploading Actions”). In the Lawsuit, the points at issue were whether the Press Release Uploading Actions, etc., fell within the scope of unfair competition activities, etc., and whether injunctions against the Press Release Uploading Actions should be granted.

On January 30, 2014, the Tokyo District Court at first instance found that the Press Release Uploading Actions, etc., did not fall within the scope of unfair competition activities, etc., and dismissed Everlight’s claims. Everlight, dissatisfied with such decision of the Tokyo District Court, appealed against the same. The Intellectual Property High Court, in its decision, found that Everlight’s white LEDs fell within the scope of the right of the ’094 patent, held that the Press Release Uploading Actions, etc., did not fall within the scope of unfair competition activities, etc., and dismissed Everlight’s appeal completely.

Nichia seeks to protect its patents and other intellectual property rights, and takes actions against alleged infringers in any country where appropriate and necessary.

.pdf Chinese version (traditional)

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