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Mar. 8, 2017

Düsseldorf Court of Appeal Confirms Infringement of Nichia‘s YAG Patent by Harvatek

With judgment of January 20, 2017 (docket number I-2 U 41/12), the Düsseldorf Court of Appeal in Germany has confirmed the infringement of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation (“Nichia“) by Taiwanese LED manufacturer Harvatek Corporation (“Harvatek”) concerning four accused white LED products.

Nichia had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 236/10) against Harvatek. The lawsuit at the District Court concerned Harvatek’s white LED products "HT-V116TW", "HT-U158TW", "HT-P178TWU-PQPS-DG" and "HT-T169TW". With judgment of March 29, 2012, the Düsseldorf District Court confirmed Nichia’s complaint and found for patent infringement by Harvatek with regard to all these LED products. The appeal against this judgment filed by Harvatek has been now fully dismissed by the Düsseldorf Court of Appeal.

The Düsseldorf Court of Appeal did not allow Harvatek for further appeal against this judgment. Nevertheless, there exists the option for Harvatek to ask the Federal Court of Justice to allow such further appeal.

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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