Nichia Files New Patent Infringement Lawsuit against LED Products of EVERLIGHT ELECTRONICS Co., Ltd. sold by Tachibana Eletech Co., Ltd.
On April 10, 2014, Nichia Corporation (“Nichia”; head office: Anan-Shi, Tokushima Prefecture, Japan; Representative Director: Eiji Ogawa) has filed a patent infringement lawsuit in Tokyo District Court to enjoin Tachibana Eletech Co., Ltd. (“Tachibana”; head office: Osaka-Shi, Osaka Prefecture, Japan; Representative Director: Takeo Watanabe) and E&E Japan Co., Ltd. (“E&E”; head office: Tokyo, Representative Director: Takashi Kaneko) from infringing Nichia’s patent (No. 3786114 and No. 3972943) and to claim damages for the infringement with regard to LED products (product number: 1254 series) after analyzing the LEDs purchased from Tachibana. The LEDs are manufactured by EVERLIGHT ELECTRONICS Co., Ltd. (“Everlight”; head office: Tu-Cheng City, Taipei County, Taiwan; Chairman: Robert Yeh), a LED assembly manufacturer in Taiwan, and imported and sold by Tachibana and E&E.
Tachibana, in its press release dated April 8, announced that it has filed a lawsuit claiming damages against Nichia (“Tachibana Case”). According to the press release, Tachibana appears to have brought the suit against Nichia asserting that Nichia’s posting its press release on its website in October 2011 in relation to a patent infringement lawsuit it brought against Tachibana (“Nichia Press Release”) constitutes an act of unfair competition or tort. However, in the case brought by Everlight in December 2011, asserting as Tachibana does that Nichia’s acts including Nichia Press Release constitute acts of unfair competition or tort, Tokyo District Court has already dismissed Everlight’s claims, and in the decision it was ruled that Nichia’s bringing of the suit “was done based on a reasonable basis”, and the Nichia Press Release does not constitute an act of unfair competition or tort. Nichia intends to continue to properly assert its position in the Tachibana Case.
Nichia will continue to take necessary measures worldwide to protect its patents and other intellectual property rights against any manufacturers that infringe Nichia’s patents.
Public Relations, Nichia Corporation