Interpretation of the eight patent litigation cases for LED lighting in 2016
2021-05-09
In the context of the global economic downturn and the downturn of the Chinese economy, the overall market demand growth of the LED lighting industry in 2016 slowed down, showing a steady upward trend. As market demand is gradually stimulated, market competition becomes more and more cruel. The "price war" between enterprises is still fierce, and profits are becoming weaker. The entire LED lighting industry will enter the era of low profit.
Faced with the intensified competition in the domestic market and the pressure of continuous compression of profit margins, LED lighting companies have set their sights on overseas markets and expect to “go out” to explore new opportunities and seek new growth. This has brought some pressure on international competitors. At the same time, international large enterprises are also coveted by the huge Chinese LED market, which makes the domestic patent short board be pinched by international giants, and continues to impose patent pressure on domestic enterprises. Prosecution cases are also on the rise.
Eight international patent litigation cases
I. Nichia VS Billion Light
Recently, Nichia Chemical Industry Co., Ltd. (hereinafter referred to as "Nichia Chemical") entered and sold Lihua Electronics Co., Ltd. (hereinafter referred to as "Lihua Company") and E&E Japan Co., Ltd. (hereinafter referred to as "E&E Company"). The patent infringement lawsuit filed by the blue LED manufactured by Taiwan LED manufacturer Yiguang Electronics Co., Ltd. (hereinafter referred to as “Yiguang Company”), the Tokyo District Court made a judgment on October 14, 2016, and determined that Lihua Company and E&E Company The input and sales of blue LEDs have infringed the patent rights of Nichia Chemical.
The Tokyo District Court held that Tachibana and E&E's sale of Everlight's blue LEDs (product models: 1254 series and 7344 series) has infringed on Japan's patent No. 2780618 of Nichia Chemicals; The company and E&E Company shall compensate Miya Chemical for damages.
Nichia continues to seek protection of patents and other intellectual property rights and, when necessary, to act on infringers around the world.
Second, Seoul Semiconductor VS US Kmart
South Korea's Seoul Semiconductor LED manufacturer said on September 11 that it filed a lawsuit against Kmart, claiming that products sold by US retail giants infringed its LED-related patents.
Seoul Semiconductor said that Kmart's products infringe on its patents, including high color rendering index, phosphor products, LED epitaxial growth, LED chip manufacturing, multi-chip assembly technology, all-round LED lamp technology and multi-junction chip technology.
Nam Kibum, vice president of semiconductor lighting business in Seoul, said: "We have been investing in environmentally friendly technology innovation for 25 years. We want to create a fair market competition, and we continue to take any necessary actions to prevent such violations, Protect our intellectual property."
Kmart's products allegedly infringed patents including LED-related patents of Nobel Prize winners Nakamura Shuji and Steven DenBaars. Also included is an LED filament light.
Seoul Semiconductor has so far won about 50 lawsuits, including the first lawsuit against Taiwanese technology company AOT in 2003. In 2015, the company won a patent lawsuit against Craig Electronics, a US LED TV manufacturer. This year, it won a lawsuit against Japanese LED lens manufacturer Enplas, which seeks compensation for Seoul Semiconductor's $4 million.
Third, the crystal photoelectric VS United States Adamax
Taiwan's Taiwan's Jingyuan Optoelectronics (Crystal Power) filed a patent infringement lawsuit against Adamax (selling under the Newhouse Lighting brand) in the US Northern California District Court on August 30, 2016. In its complaint, Jingdian pointed out that Newhouse Lighting products infringed six patents on crystal power and applied to the court to issue an injunction prohibiting Adamax from continuing to sell infringing Newhouse Lighting products.
In the complaint, Jingdian pointed out that Newhouse Lighting filament bulbs, for example, dimmable candle-type 3.5-watt LED retro-style Edison filament lamps, infringe on a number of US patents for crystal power, including patent number 6,346,771, the title of the invention "high-efficiency LED lights", Patent No. 7,489,068, the title of the invention "Light-emitting diode device", Patent No. 7,560,738, the title of the invention "Array of light-emitting diodes with a bonding layer", Patent No. 8,240,881, the name of the invention "Package structure of light-emitting diodes", Patent No. 8,791,467, the name of the invention "Glowing Diode and its manufacturing method", Patent No. 9,065,022, the title of the invention "lighting device".
Jingdian invests huge amounts of money each year in the research and development of LED technology, and has obtained more than 4,000 patents and applications. These investments have laid the technical foundation for LED filaments and benefited the world in a variety of related products. Crystal Power continues to invest in research and development to provide the most advanced products and solutions for growing global LED users.
Jingdian sued Adama to ensure its R&D investment and patent rights were not violated.
Fourth, Shenzhen Wei Wei VS American Lighting Science Group
On July 11th, the United States Lighting Science Group Company filed a lawsuit against Shenzhen Weiwei Photovoltaic Lighting Co., Ltd. and Weiwei Technology (USA) Co., Ltd. to the California State Court to file a patent infringement lawsuit (Lighting science group corporationv) .ShenzhenJiawei & Jiawei USA, 3:16-cv-03886). Lighting Science Group Inc. alleged that an LED downlight from Shenzhen Gawei Company (product number: DLS03-06E30D1E-WH-F1) is all of its US Patent No. 8201968 ("968 Patent"), No. 8672518 (" 518 patents "), and No.8967844 ("844 patents") three patent infringements, and apply for a temporary injunction to prohibit infringing products from continuing to import into the United States, and prohibit the continued sale of imported products.
The three patents involved in the investigation are all "profits" used in patent litigation in recent years. For example, the "968 patent" was in 13 years, 14 years, and 16 years with Cree, Cooper Lighting, USALight Electric, Globalux Lighting, etc. The company has filed a patent lawsuit.
5. Cree VS Feit Electric
CREE, the US LED manufacturer, recently sued Feit Electric for infringing Cree's LED-related patent technology at the USDistrict Court for the Middle District of North Carolina. The main infringing patent is Related to LED bulbs. Previously in July 2015, the California-based Feit Electric Company also accused Cree of violating their patent rights.
In this case, the two main patents of Cree are involved. One of them is the LED bulb. The US patent number is No. 8,998,444. The title is “Solid State Lighting Devices Including Light Mixtures”. The technology is the color mixing technology in LED lighting products. And the patent of US Patent No. 9,052,067, titled "LED Lamp with High Color Rendering Index", focusing on high color rendering LED luminaire technology, is also a mixture of colors, and technology to improve LED light.
According to John Edmond, co-founder and director of advanced optics, Cree is the first to develop LED bulbs with full-period and high CRI color renderings that can provide consumers with better lighting quality and experience. The color mixing technology has been developed for many years and has its importance in the market, and it is unfair for other companies to plagiarize patents in this area to produce products to compete in the market.
Cree pointed out that the company has 4,000 patents that have been issued, and will continue to defend Cree's intellectual property rights and protect R&D research and development results.
6. Nichia VS British B&Q
Nichia, the Japanese LED maker, said in a statement on June 16 that the company had filed a lawsuit against a British company invading the Japanese company's LED patent at the Patent Court of the High Court of London. The defendant's company is B&Q PLC, a UK DIY distributor.
Nichia said that the LED products sold by British B&Q PLC infringed three LED patents for YAG phosphors.
The patent number violated is the European patent number: European Patents Nos. 0936682, 2197073, and 2276080 (YAG-based phosphor patents), and the lawsuit date is 5/27 (UK time).
These are up to 20 LED products that have been infringed by Japan, including 240 watts of LED lights (model YF-10-44), which is highlighted in Japan for the maintenance of rights and will be available in any market worldwide. Advocate the rights of the company through legal maintenance.
Seven, Seoul Viosys VS US Salon Supply Store
Seoul Viosys announced on March 23 that due to infringement of its UV LED-related patents by US manufacturer of UV applications, Salon Supply Store, Seoul Viosys has filed a lawsuit in the Federal Court of Florida, including EPI, FAB, packaging, systems and other UV technologies. Application products.
The related patents infringed by Salon Supply Store (hereinafter referred to as Salon) involve UV LED manufacturing processes and applications, including EPI technology, FAB technology, component packaging technology and curing technology. The US Salon company sells related infringing products through large online shopping platforms such as Amazon and eBay, and has made huge profits.
On March 18, Seoul Viosys filed a lawsuit against the US federal court in Florida to stop the sale and distribution of related UV applications and patent infringement verification. Seoul's Viosys is building a broad patent portfolio, from UV LED components to various applications, and plans to aggressively pursue companies that infringe on their intellectual property rights from this lawsuit and actively protect those patented products.
Yeojin Yoon, vice president of Viosys UV R&D Center in Seoul, said the lawsuit is only the beginning and will continue to take strong legal action against peer companies and UV finished product manufacturers that have confirmed the infringement.
Eight, Jingyuan Optoelectronics VS Optical Technology
China's Taiwan LED manufacturer Jingyuan Optoelectronics has been engaged in the field of optoelectronic semiconductors for many years. It has advanced manufacturing technologies including Quaternary High Brightness LED Chips and complete patent layout. It is in the leading position in the field of infrared LEDs. Reluctant to invest in research and development costs, disrespect for intellectual property, and provide suspected infringing products to mid-stream and downstream customers without obtaining authorization or infringement of patents. Jingyuan Optoelectronics officially filed a lawsuit with Taiwan Intellectual Property Court on January 8, 2016. Insulated LED products such as the model "BN-D4242J-A3" and "BN-D4242E-A3" and other infrared LED chips infringed by Jingyuan Optoelectronics, including Taiwan Invention No. 141155, No. 170789, No. 202662 and 4 invention patents such as No. I283031.
Intellectual property rights are the foundation of industrial development and the source of corporate competitiveness. Jingyuan Optoelectronics expressed the expectation of proactively defending the interests of enterprises and shareholders and defending employees' efforts through formal prosecution. Jingyuan Optoelectronics is continuing to investigate and pay attention to whether other products or operators infringe on the intellectual property rights of Jingyuan Optoelectronics. At the same time, it also calls on all sectors to respect intellectual property and not to use infringing products to avoid possible quality problems after misuse. Related legal responsibilities.
What are the countermeasures for Chinese LED companies?
At present, the core technology of upstream chips is still mainly in the hands of foreign giants. The export of products using domestic chips is difficult to avoid being surrounded by giants. When exporting to developed regions, the design of lamps and the use of infringing chips may face great risks. However, in the face of the above-mentioned litigation risks that may arise from patent issues, what are the domestic enterprises' strategies? The author puts forward some suggestions and thoughts:
First, domestic giant LED companies can obtain patent rights through overseas mergers and acquisitions. For example, Mulinsen will acquire Osram's sales channels and brand usage rights in 150 countries around the world through the acquisition of OSRAM's LEDVANCE company, which will not only improve the profit level of the company. At the same time, it can also open up overseas markets.
Second, domestic enterprises should also strive for self-improvement, take Huawei as an example in the development of the communications industry, and strengthen investment in key areas to create a bloody road.
Third, through the "bringing the group to warm up" approach, the overall response, point and face combination, a comprehensive counterattack, in order to find the possibility of breakthrough.
Summary: Behind the increasing number of LED patent litigation, it is undoubtedly the game of the interests of the LED industry. With the LED lighting entering the golden period of development, the global LED large enterprises have all intensified the use of patents to control the market dominance, and the patent warfare will also be in a normal trend. Chinese enterprises may wish to play their own advantages in the downstream of the industry, close contact with customers, familiar with the development of the domestic LED lighting market, and through market-oriented technology research and development, continue to explore new application areas of LED lighting technology, and quickly occupy the application field.
Editor: Yingzi
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