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Düsseldorf Court Finds Hornbach Infringes Nichia's YAG Patent for LED Christmas Illumination Products

In the patent infringement lawsuit in Germany at the Düsseldorf District Court which Nichia Corporation ("Nichia") filed against Hornbach-Baumarkt-AG ("Hornbach"), the court found following the main hearing on November 27, 2012 with judgment of December 20, 2012 (File No. 4a O 112/11) that Hornbach infringes Nichia's patent EP 936 682 (DE 697 02 929) (hereinafter called "YAG patent") concerning the accused white LED Christmas illumination products.

The court rendered a judgment, although it is not final and can be appealed by Hornbach, in favor of Nichia's claims for permanent injunction, rendering account, obligation to pay damages, recall and removal from the distribution channels with regard to the infringing products.

The court found in respect of Hornbach that all the accused seven white LED Christmas illumination products which were distributed by Hornbach infringe claim 1 of the YAG patent, combining YAG based phosphor with GaN based blue LED.

Additionally, Hornbach was already prohibited from the current distribution of four further LED Christmas illumination products by way of four preliminary injunctions granted by the Düsseldorf District Court on November 30, 2012 (File No. 4a O 185/12) and December 4, 2012 (File Nos. 4a O 187/12, 4a O 188/12 and 4a O 189/12) because of the infringement of claim 1 of Nichia’s YAG patent. Due to the particular urgency all four preliminary injunctions have been granted ex parte, i.e. without prior hearing of Hornbach. These are preliminary measures. They can still be remedied by Hornbach.

The seven infringing LED Christmas illumination products in the judgment dated 20 December 2012 are:
- "Inflatable Snowman", Art.Nr. 183125;
- "LED Outdoor" (LED Eiszapfen "Droplight" 6 Zapfen);
- "Rope Light LED, 6m", Art.Nr. 3044-100;
- "LED Indoor", Art.Nr. 8153169;
- "LED Indoor", Art.Nr. 8153173;
- "Waterfall LED", Art.Nr. 8239232; and
- "Effect Light Net LED“, Art.Nr. 8157267.

The preliminary injunction of November 30, 2012 was served to Hornbach on December 4, 2012. It is concerning the following LED Christmas illumination product:

- "Illuminated Decoration LED (star) Indoor", Art.Nr. 6102-003.

The three preliminary injunctions of December 4, 2012 were served to Hornbach on December 7, 2012. They are concerning the further LED Christmas illumination products:

- "Tree 45 cm with LED lighting", Art.Nr. 23141693,
- "ICECONE CHAIN LED Outdoor", Art.Nr. 8377154 and
- "Illuminated Decoration LED (Bear) Outdoor", Art.Nr. 6124-203.

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

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