On December 19, 2016, Nichia Corporation filed a patent infringement lawsuit in the Tokyo District Court against Takizumi Electric Industries Co., LTD., a manufacturer and distributor of lighting fixtures.
Nichia is seeking an injunction and compensation for damages from Takizumi.
In a separate case the Düsseldorf District Court on December 15, 2016, in two parallel judgments found that WOFI Leuchten Wortmann & Filz GmbH infringes Nichia’s two YAG phosphor related patents, EP 2 197 053 (DE 697 40 792) and EP 2 276 080 (DE 697 40 795. WOFI is a German subsidiary of Taiwanese LED producer Everlight Electronics.
Also in Düsseldorf, this time the Düsseldorf Court of Appeal on December 5, 2016, confirmed that REGO-Lighting GmbH infringed Nichia’s YAG phosphor patents with REGO-Lighting’s white LED product. Nichia previously filed a patent infringement lawsuit in Germany at the Düsseldorf District Court (docket number 4a O 108/12) against REGO-Lighting. This lawsuit alleged that the lighting product OL Deluxe/QL2/P44/LF/D50/SR/M/CE/ZN with white LED tubes of the type SL- Cobra/T5 048DC/C/P10/LF/D50/ZN, which REGO Lighting sells and a German subsidiary of Everlight, called Zenaro Lighting produced, infringed its YAG Phosphor patents.
Nichia alleges that Takizumi’s ceiling light (product name: TEX85029) is equipped with white LED, which Nichia believes infringes its YAG phosphor patent JP5610056.
In Nichia’s case against WOFI, the Düsseldorf District Court ruled for a permanent injunction and rendered an accounting of damages. Furthermore, the court confirmed Nichia’s claim calling for the recall of the allegedly infringing products from WOFI’s commercial customers and destruction of the accused products that WOFI owns or possesses. Nichia noted, however, that the Düsseldorf District Court judgments are not final and can be appealed.
With a ruling on September 3, 2013, the Düsseldorf District Court confirmed Nichia’s complaint against Rego Lighting and found that Rego Lighting infringed its YAG patents. The Düsseldorf Court of Appeal has now rejected the appeal against this judgment filed by REGO-Lighting.
The Düsseldorf Court of Appeal does not allow for a further appeal against its decision. However, Rego Lighting has the option of taking the case to the Federal Court of Justice to ask for an additional appeal.
These cases underscore great lengths to which Nichia is willing to go to secure its patents.