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Supreme Court Judgment Affirming Validity of Toyoda Gosei's Patent Rendered (Final and Conclusive in favor of Toyoda Gosei)

September 18, 2001

Concerning the Blue LED, Toyoda Gosei Co., Ltd. and others ("Toyoda Gosei") have won the suit final and conclusive as follows with respect to the subject patent, one of the series of patent infringement suits between Toyoda Gosei (President: Matsuura) and Nichia Corporation.
The suit for which the judgment was recently rendered final and conclusive relates to the suit against trial decision of invalidity of the patent, Japanese Patent No. 2737053, entitled "A Light-Emitting Gallium Nitride-Based Compound Semiconductor Device", owned by Toyoda Gosei, given by the Japanese Patent Office.
Toyoda Gosei filed the suit against trial decision with Tokyo High Court following the decision on trial for invalidation given by the JPO on October 26, 1999. Tokyo High Court (Judge Shinohara as Presiding Judge) rendered the decision as of March 21, 2001 to the effect that "the trial decision for invalidation of patent is annulled." and Nichia Corporation appealed to the Supreme Court against the judgment, and then the Supreme Court (Judge Kitagawa as Presiding Judge) rejected the appeal on September 14, 2001.
This case relates to the subject patent, one of the four litigation cases in each of which injunction against infringement of patent right is sought by Toyoda Gosei against Nichia Corporation.