26 May 2014

Emcore settles Nichia’s patent infringement lawsuit with license agreement

Emcore Corp of Albuquerque, NM, USA, which makes compound semiconductor-based components and subsystems for the fiber-optic and solar power markets, has settled the patent infringement case brought by Japanese LED maker Nichia Corp before the US District Court for the Eastern District of Texas.

In November 2011, Emcore exclusively licensed several of its non-core LED patents to Taiwanese LED maker Everlight Electronics Co Ltd. In April 2012, Everlight filed suit against Nichia, alleging infringement of Emcore’s US Patent Number 6,653,215 that it had licensed. Because Emcore still owned the ’215 patent, the complaint named Emcore as a mandatory co-plaintiff. The suit, however, is principally a dispute between Everlight and Nichia. Following a petition initiated by Nichia, on 11 February the US Patent and Trademark Office issued a Final Written Decision in which it found all claims of the ’215 Patent to be unpatentable. In March, Nichia and Everlight agreed to dismiss the claims pertaining to Emcore’s ’215 patent from the lawsuit without prejudice.

In June 2013, Nichia filed a complaint against Emcore before the US District Court for the Eastern District of Texas alleging infringement of Nichia’s US Patent Number 7,295,587 (‘Semiconductor Laser Having Optical Guide Layer Doped for Decreasing Resistance’). The current settlement agreement resolves the Eastern District of Texas lawsuit regarding the ’587 patent. Under the settlement, Emcore acknowledges the validity of the ’587 patent and makes a payment of damages to Nichia, and Nichia agrees to grant Emcore a non-exclusive, royalty-bearing license to the asserted patent.

“We greatly respect Nichia’s intellectual property and feel this settlement and license agreement is proof of that,” comments Emcore’s general counsel Alfredo Gomez.

See related items:

Nichia files patent infringement lawsuit against Everlight in Germany

Everlight files patent infringement lawsuit against Nichia in USA

Tags: Emcore Everlight Nichia LEDs

Visit: www.nichia.com

Visit: www.emcore.com

Visit: www.everlight.com