LED packaging company Everlight Electronics on December 4 announced that the Japan Patent Office (JPO) has made a judgment to uphold its claim on the invalidity of Japan-based LED maker Nichia's patent number JP2780691.
Everlight filed a request with the JPO to judge that Nichia's YAG white-light LED patent JP3503139 and blue-light LED patent JP2780691 are invalid, the company indicated. JPO in May 2012 determined the invalidity of one item of JP3503139, Everlight indicated. In November, JPO decided on the invalidity of 12 items, the whole, of JP2780691, the company pointed out.
The victory makes Everlight more confident of establishing its own patent strength and branding for its LED lighting products, company chairman Robert Yeh said.
Nichia, however, had its Taiwan-based legal attorneys indicate that Everlight has requested JPO determine the validity of Nichia's patents in 21 cases in total and has won two, whereas Nichia has won 15 cases. For the invalidity of JP2780691, Nichia will file request for relief procedures with the court, the attorneys said. Since Nichia holds many blue-light LED patents, the invalidity of JP2780691 will not impact Nichia's advantages, the attorneys noted.
According to other Taiwan-based LED makers, Nichia's most important patents are in cold white-light LEDs and therefore JP2780691 and JP3503139 do not concern Nichia's core technologies. Although litigation incurs high costs, Everlight's action has posed a threat to Nichia's patent strength and is expected to help Everlight promote sales of its own-brand LED lighting products, the makers pointed out.
