Jul. 13, 2015
German Court prohibits Everlight by preliminary injunction from making untruthful statements on the status of Nichia's "YAG patent" and the use of YAG phosphor
Upon the request of Nichia Corporation ("Nichia"), the Munich District Court granted a preliminary injunction dated 18 June 2015 in the case 21 O 10307/15. In this decision, Mr. Bernd Kammerer, Everlight Electronics Europe GmbH and Everlight Electronics Co., Ltd. are, on penalty of an administrative fine of up to EUR 250,000.00, prohibited from making in business transactions for purposes of competition the following statements as made by Mr. Kammerer in a press interview published on http://www.elektroniknet.de/optoelektronik/ledlighting/artikel/120231/ :
"In Europe, the German/European equivalent of the US YAG patent 925 was already invalidated in 2014" and/or "As of immediately we are no longer subject to any restrictions in the use of YAG",
in regard to Nichia's European patent EP 0 936 682 and/or any national parts thereof, also referred to as the "YAG patent".
In fact, there is no final and legally binding decision yet in the invalidity proceeding in Germany as the proceeding is still pending. Nichia's YAG Patent is in force in Germany and is to be respected by the market.
The preliminary injunction decision has been granted without prior hearing of the defendants on a preliminary basis in first instance and can be opposed and appealed by the defendants. It becomes effective upon its service to the defendants. Nichia has already initiated this service.
Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.
Public Relations, Nichia Corporation