Nichia reported that on October 1, 2018, Taiwan LED maker Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH have withdrawn their request to the German Federal Court of Justice (docket number X ZR 5/17) to allow a further appeal against the ruling of the Düsseldorf Court of Appeal related to Nichia’s YAG patent EP 936 682 (DE 697 02 929). The withdrawal of the appeal request thereby makes the judgment of the Court of Appeal final.
With the now final judgment dated December 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal confirmed that Everlight infringed Nichia’s YAG patent. Nichia says that specifically, the court ruled that Everlight’s six white LED products including SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET, SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, and 45-21/QK2C-B45562C4CB2/2T infringed Nichia’s YAG phosphor patent.
