Dec. 21, 2016
Düsseldorf Court of Appeal Confirms Infringement of Nichia‘s YAG Patent by REGO-Lighting regarding a product of Everlight’s subsidiary Zenaro
With decision of December 5, 2016 (docket number I-15 U 32/14), 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 REGO-Lighting GmbH (“REGO-Lighting“) concerning the accused white LED product.
Nichia had filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 108/12) against REGO-Lighting with regard to the lighting product OL-Deluxe/QL2/P44/LF/D50/SR/M/CE/ZN containing white LED tubes of the type SL- Cobra/T5 048DC/C/P10/LF/D50/ZN. This was a product of Zenaro Lighting GmbH, a German subsidiary of Taiwanese LED manufacturer Everlight Electronics Co., Ltd. With judgment of September 3, 2013, the Düsseldorf District Court confirmed Nichia’s complaint and found for patent infringement by REGO-Lighting. The appeal against this judgment filed by REGO-Lighting has been now rejected by the Düsseldorf Court of Appeal.
The decision of the Court of Appeal was rendered without oral hearing because the court found REGO-Lighting’s appeal to have obviously no chance of success.
The Düsseldorf Court of Appeal did not allow for further appeal against its decision. Nevertheless, there exists the option for REGO-Lighting 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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