Toyoda Gosei Co., Ltd. ("Toyoda Gosei", President: Mr. Takashi
Matsuura) previously filed on September 28, 2001 a patent infringement
lawsuit based on the following Subject Patent Rights 1 against Nichia
Corporation in the Osaka District Court seeking injunction against Nichia
Corporation's manufacturing, use, sale and offering for sale of
the gallium nitride based Blue LED.
Today, Toyoda Gosei added a claim for damages against Nichia Corporation
based on the following Subject Patent Rights 1 and 2 to the above-mentioned
lawsuit.
Toyoda Gosei is claiming an approximate amount of 15.5 billion yen
for damages incurred during the period from April 16, 1998 to June 30,
1999.
With respect to both of Patent No. 2737053 and Patent No. 2681733,
which are the bases for this claim for the damages, although the JPO
rendered Trial Decisions to the effect that these patents are invalid,
Tokyo High Court Judgments annulled the JPO's Trial Decisions (Judgment
was rendered for the former on March 21, 2001, and for the latter on
October 9, 2001 respectively).
Please also note that the Tokyo High Court Judgment that annulled JPO's
Trial Decision concerning Patent No. 2737053 became final and conclusive
by the Supreme Court's dismissal of Nichia Corporation's appeal
on September 14, 2001.