Concerning the Blue LED patent, Toyoda Gosei Co., Ltd. ("Toyoda
Gosei") (President: Mr. Takashi Matsuura) has won the suit, in
which Toyoda Gosei demanded the annulment of the JPO's trial decision
affirming the validity of the following patent that Nichia Corporation
owns, final and conclusive in favor of Toyoda Gosei as follows:
With respect to the subject patent, Toyoda Gosei brought a suit before
Tokyo High Court against the "Trial Decision Rejecting the Demand
for Invalidation of Patent" rendered by the Japanese Patent Office
on December 6, 1999.
Tokyo High Court (Judge Noriaki Nagai as Presiding Judge) rendered
the judgment on October 2, 2001 to the effect that the JPO's Trial
Decision rejecting the demand for invalidation of patent (affirming
the validity of patent) is annulled (substantially invalidating the
patent) and Nichia Corporation appealed to the Supreme Court against
the judgment, and then Petty Bench No.2 of the Supreme Court (Justice
Tsugio Kameyama as Presiding Justice) rejected the appeal on March 8,
2002.
Please note that the subject patent is the fourth one of the infringement
cases filed by Nichia Corporation against Toyoda Gosei. We consider
that as a result of the Supreme Court judgment rendered this time, Nichia
Corporation's claims in the above-mentioned infringement lawsuit
should be dismissed immediately by Tokyo District Court.
| NOTE |
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| 1. Subject Patent |
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Patent No. 2778405: A gallium nitride-based
compound light-emitting device having an Mg-doped p-type GaN contact
layer above an Mg-doped p-type GaAIN clad layer in a gallium nitride-based
compound light-emitting device of a double-hetro structure with
p-n contact. |
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| 2. Judgment of Tokyo High Court |
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Concerning the JPO's Trial Decision
to the effect that both the novelty and inventive step exist in
the invention, Tokyo High Court rendered judgment that the subject
patent is invalid by rejecting the JPO's Trial Decision on
the ground that the invention has no inventive step, without even
going to the extent of judging the novelty. |
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| 3. Judgment of Supreme Court |
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The Supreme Court rendered judgment to
the effect that "the final appeal of the subject case is dismissed.
The subject case is not accepted for final appeal trial." |