Feb 8, 2017: On September 29, 2016, the Düsseldorf District Court in Germany had granted a preliminary injunction against Mouser Electronics Inc. (“Mouser”) based on a request of Nichia Corporation (“Nichia”). The court admitted Nichia’s arguments that the white LED product “334-15/X1C5-1QSA” manufactured by Everlight Electronics Co., Ltd. and distributed by Mouser in Germany infringes Nichia’s YAG patent EP 936 682 (DE 697 02 929).
Despite this preliminary injunction, Mouser continued to offer the accused white LED product until 19 October 2016. As a consequence, Nichia filed a request with the Düsseldorf District Court to order a fine against Mouser for contempt of the preliminary injunction.
The Düsseldorf District Court has now admitted Nichia’s argument and ordered on January 11, 2017, a fine in the amount of EUR 2,000.00 against Mouser for culpable non-compliance with the preliminary injunction. The order for a fine is not final and can still be remedied by Mouser.
Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.
Nichia demands Everlight complies with judgement
In its judgement of December 22, 2016 (docket number I-15 U 31/14), the Düsseldorf Court of Appeal in Germany has confirmed the infringement as already found at court in first instance of YAG Patent EP 0 936 682 (DE 697 02 929) of Nichia Corporation (“Nichia”) by Taiwanese LED manufacturer Everlight Electronics Co., Ltd. and its German subsidiary Everlight Electronics Europe GmbH (both “Everlight”) concerning six accused white LED products. The further appeal of the Everlight affecting judgement was not allowed by the Düsseldorf Court of Appeal. Everlight has filed in the meantime against this decision a request with the Federal Court of Justice (docket number X ZR 5/17) to allow such further appeal.
The request of Everlight to allow a further appeal, however, does not have any suspensive effect. Thus, Everlight is not entitled to distribute in Germany the accused white LED products (SL-PAR38/B/P17/30/E30/ND, 67-21/QK2C-B56702C4CB2/2T, 67-21/QK2C-B45562C4CB2/2T, 45-21/LK2C-B56702C4CB2/2T, 45-21/QK2C-B45562C4CB2/2T, SMD Low Power LED 61-238/LK2C-B56706F4GB2/ET). Nichia therefore has demanded that Everlight respects the cease and desist order with regard to the judgment of the Düsseldorf Court of Appeal.
The Düsseldorf Court of Appeal confirmed with its judgment furthermore Nichia’s claims against Everlight Electronics Europe GmbH for recall of the accused Everlight products from the commercial customers as well as for destruction of the accused Everlight products being owned or in possession of Everlight Electronics Europe GmbH. Therefore, Nichia has now also demanded that Everlight Electronics Europe GmbH immediately recalls the accused white LED products from the commercial customers of Everlight and destroys the respective accused products.