Düsseldorf Court Finds Hornbach Infringes Nichia's YAG Patent for LED Christmas Illumination Products

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• Publié par: Nichia-Corporation
• Nombre de lectures: 15
• Langue: English

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Düsseldorf Court Finds Hornbach Infringes Nichia's YAG Patent for LED Christmas Illumination Products

PR Newswire MUNICH, Germany, December 20, 2012

MUNICH, Germany,December 20, 2012/PRNewswire/ --

In the patent infringement lawsuit in Germany at the Düsseldorf District Court which Nichia Corporation ("Nichia") filed against Hornbach-Baumarkt-AG ("Hornbach"), the court found following the main hearing onNovember 27, 2012withjudgment ofDecember 20, 2012(File No. 4a O 112/11) that Hornbach infringes Nichia's patent EP 936 682 (DE 697 02 929) (hereinafter called "YAG patent") concerning the accused white LED Christmas illum ination products.

The court rendered a judgment, although it is not final and can be appealed by Hornbach, in favor of N ichia's claims for permanent injunction, rendering account, obligation to pay damages, recall and removal from the distribution channels with regard to the infringing products.

The court found in respect of Hornbach that all the accused seven white LED Christmas illumination products which were distributed by Hornbach infringe claim 1 of the YAG patent, combining YAG based phosphor with GaN based blue LED.

Additionally, Hornbach was already prohibited from the current distribution of four further LED Christmas illumination products by way offourpreliminary injunctionsgranted by the Düsseldorf District Court onNovember 30, 2012(File No. 4a O 185/12) andDecember 4, 2012(File Nos. 4a O 187/12, 4a O 188/12 and 4a O 189/12) because of the infringement of claim 1 of Nichia's YAG patent. Due to the particular urgency all four preliminary injunctions have been granted ex parte, i.e. without prior hearing of Hornbach. These are preliminary measures. They can still be remedied by Hornbach.

The seven infringing LED Christmas illumination products in the judgment dated20 December 2012are:

"Inflatable Snowman", Art.Nr. 183125; "LED Outdoor" (LED Eiszapfen "Droplight" 6 Zapfen); "Rope Light LED, 6m", Art.Nr. 3044-100; "LED Indoor", Art.Nr. 8153169; "LED Indoor", Art.Nr. 8153173; "Waterfall LED", Art.Nr. 8239232; and "Effect Light Net LED", Art.Nr. 8157267.

The preliminary injunction ofNovember 30, 2012was served to Hornbach onDecember 4, 2012. It is concerning the following LED Christmas illumination product:

"Illuminated Decoration LED (star) Indoor", Art.Nr. 6102-003.

The three preliminary injunctions ofDecember 4, 2012were served to Hornbach onDecember 7, 2012. They are concerning the further LED Christmas illumination products:

"Tree 45 cm with LED lighting", Art.Nr. 23141693, "ICECONE CHAIN LED Outdoor", Art.Nr. 8377154 and "Illuminated Decoration LED (Bear) Outdoor", Art.Nr. 6124-203.

Nichia seeks to protect its patents and other intellectual property rights and takes actions against alleged infringers in any country where appropriate and necessary.

Contact information; Public Relations, Nichia Corporation Tel: [phone] Fax: [phone]