Communiqué de presse
Feb. 15, 2016
Nichia wins a reversal in the Intellectual Property High Court in Japan in damages lawsuit filed by Tachibana Eletech Co., Ltd.
On February 9, 2016, in a lawsuit for damages filed by Tachibana Eletech Co., Ltd. (Headquarters: Osaka-shi, Osaka; hereinafter “Tachibana”) against Nichia Corporation (Headquarters: Anan-shi, Tokushima; hereinafter “Nichia”) based on the Unfair Competition Prevention Act, etc. (hereinafter, “the Lawsuit”), the Intellectual Property High Court in Japan reversed a lower court decision issued on February 19, 2015, and completely dismissed Tachibana’s claims.
In October 2011, Nichia filed a lawsuit against Tachibana, claiming that Tachibana’s activities, such as the importation and sale of LEDs manufactured by a Taiwanese company, Everlight Electronics Co., Ltd., constituted an infringement of patents owned by Nichia (hereinafter “the Other Lawsuit”). In the Lawsuit, the points at issue were whether (i) Nichia was liable for compensation for damage to Tachibana on the premise that the filing of the Other Lawsuit constituted a tort, and (ii) Nichia was obligated to compensate Tachibana on the premise that uploading a press release on Nichia’s website regarding the Other Lawsuit (hereinafter “the Press Release Uploading Action”) fell within the scope of unfair competition activities.
The Osaka District Court at first instance admitted Nichia’s contention regarding the filing of the Other Lawsuit, and found that such filing did not constitute a tort; however, it admitted Tachibana’s contention regarding the Press Release Uploading Action.
Nichia, dissatisfied with such decision of the Osaka District Court, appealed against the same. The Intellectual Property High Court, in its decision, found neither that Nichia was negligent regarding the Press Release Uploading Action nor that the filing of the Other Lawsuit constituted a tort, and completely dismissed Tachibana’s claims.
Public Relations, Nichia Corporation