Toyoda Gosei Co., Ltd. ("Toyoda Gosei")(President: Mr. Takashi
Matsuura) has been in disputes with Nichia Corporation concerning a
total of eleven (11) Patent Infringement Cases (7 cases filed by Nichia
Corporation and 4 cases filed by Toyoda Gosei) with respect to a gallium
nitride-based blue LED. Among the above lawsuits, concerning the two
(2) Patent Infringement Cases filed by Nichia Corporation based on the
following rights, Tokyo District Court Civil Division No. 46 (Judge
Ryoichi Mimura as Presiding Judge) rendered judgments today in favor
of Toyoda Gosei (to the effect of non-infringement) for both the above
two (2) cases.
In 2001, Toyoda Gosei consecutively won four (4) cases including Trial
Decision Annulment Case judgments rendered by Tokyo High Court concerning
the gallium nitride-based blue LED in disputes between Toyoda Gosei
and Nichia Corporation, and further this time, Toyoda Gosei won both
the above two (2) Patent Infringement Cases.
systems for the global market.
1.Subject Rights and Summary thereof
| (1) Patent No. 2735057 |
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"A nitride semiconductor light-emitting
device comprising of an active layer comprising a nitride semiconductor
containing indium and gallium, an n-type InGaN clad layer and a
p-type AlGaN clad layer which are respectively in contact with such
active layer " |
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| (2) Patent No. 2770720 |
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"A gallium nitride compound semiconductor
light-emitting device comprising a transparent electrode for making
an ohmic contact, containing Au alloy and formed almost all over
a p-type layer, and an electrode for bonding, containing Au and
not containing Al or Cr to prevent an ohmic contact with said electrode" |
2.Judgments of Tokyo District Court
| (1) Patent No. 2735057 |
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Whereas the first face of the two faces
of the "active layer" in contact with the first n-type
clad layer should be construed to be limited to an InGaN layer in
the subject invention, the outermost layer of the multiple quantum
well structure in contact with the n-type InGaN layer corresponding
to the "first n-type clad layer" is not an "InGaN
layer" but a "GaN layer" in the product of Toyoda
Gosei. |
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| (2) Patent No. 2770720 |
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Since it is reasonable to conclude that
"Al preventing an ohmic contact with said electrode" in
the subject invention refers to Al itself as an element, the product
of Toyoda Gosei does not infringe the subject patent, in view of
the actual existence of Al in the product of Toyoda Gosei. |