Jun. 6, 2017
Düsseldorf District Court maintains Decisions of Preliminary Injunctions against Everlight for Infringement of Nichia’s YAG Patent
On April 25, 2017, the Düsseldorf District Court in Germany has rendered judgments in favor of Nichia Corporation (“Nichia”) maintaining three preliminary injunctions against Everlight Electronics Co., Ltd. (“Everlight”) for infringement of Nichia’s YAG patent EP 936 682 (DE 697 02 929). The preliminary injunctions concern the white LED products “334-15/X1C5-1QSA”, „334-15/T2C2-1TVB“ and „XI3535-KT577J1-03201-000P“ manufactured by Everlight and distributed in Germany.
On January 19, 2017, Everlight had filed opposition against three decisions of preliminary injunctions granted earlier ex parte (i.e. without prior hearing of Everlight) by the Düsseldorf District Court (File Nos. 4a O 104/16, 4a O 112/16, 4a O 113/16). The patent infringement of Everlight and the preliminary injunctions were maintained by the court with its judgment of April 25, 2017. The court further did not have any doubts about the validity of Nichia’s YAG patent with regard to the nullity action of Everlight’s German subsidiary Everlight Electronics Europe GmbH as submitted by Everlight to the court.
In its judgment, the Düsseldorf District Court ordered the further enforcement of the preliminary injunctions to be dependent on providing a security in the amount of EUR 250,000 per each preliminary injunction. In the meantime, these securities have been provided by Nichia and all three preliminary injunctions were served again on Everlight.
The three injunctions are preliminary measures which Everlight can still contest with judicial remedies.
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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