Jul. 14, 2015
German Court again 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 25 June 2015 in the case 21 O 10999/15. In this decision, Mr. Bernd Kammerer 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 the US, Everlight's action was fully upheld on 23 April 2015: The District Court for the Eastern District of Michigan in Detroit declared both patents invalid" and/or
"As of immediately we are no longer subject to any restrictions in the use of YAG phosphors",
in regard to the patents US 5,998,925, also referred to as "YAG patent", and US 7,531,960.
In fact, there is no final and legally binding decision yet in the court proceeding in the US as the proceeding is still pending. Nichia's above referenced patents are in force in the US and are 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